■ 


^^^^^^^■< 




1 



•'4' 






.^^ -" 












"^f^ 






^^ '^6 






.^^ . 




"^oo^ 






/■ *^' '•; 






,/• 'V>; 









^"^iiy^ V 



<i^ ~v 



.!-{>"■ 



.^•^ ^^. 









o. ^ 






.^^ 



^ 






^^' 



.^' 






-^" S> 



■/r}-7^ 



'-• 


'<: 


*^:^^V' 














V. 




c':m 




d^ T> 








^ \s 


' v'^ 


^^ ' 








ft *>"> 


**\" 


- « . . -^o. 


















O 


» % 










%<v 


^ '^ 














\\ '^ V^ 









^ii 









'/"-^ ' 


,•*'^^"^ 


\. ', "^ 


.-n'' .^.jP- 




•o 0^ 






N 


A*' »>/■ 




-S^^, 



\^ii^- 



c£>^ V 



,0' 






.V 



•^oo^ 




<.^, 



i><^^ 



Nr^ 















<- 








'"t. 








x^ 


^^. 




A. 


vV 




-o^ 




* . s ' 


* ? 


<^ 









U( 




• v-.^ 



u 



O^vLo. t^^^jA, AViJiMi. . ^^^ 

A COMPILATION 



%MMB^ TmrnATlMB^ mWB©%MTmE^ 



AX» 



ORDINANCES, 



or THE 



^mtvKl iWtr state ©oijernnients, 



RELATE 70 LANDS IN THE STATE OF OHIO; 

INCLUDING 

THE LAWS ADOJPTED BY THE GOVERN'OR AJVB JUDGES,- 

THE LAWS OF THE TERRITORIAL LEGISLATURE; AND THE LAWS OF 
THIS STATE, TO THE YEARS 181S-16. 



PUBLISHED IN PURSUANCE OF RESOLUTIONS OF THE GENERAL ASSEMBLY, 
PASSED JANUARY 22, 1825. 



COLUMBUS: 

PRISTTED BY GEO. NASHEE, STATE TRINTER^ 
18*?. 






-^^■y f 3r 



miim Situtt^ JHiUta^rg 35otintie!^* 



[Resolutions of Congress 0/ 1776 and 1780,} 

Resolved, That Congress make provision for granting 
lands, in the following proportions, to the officers and sol- Resolutien o* 
diers who shall engage in the service, and continue therein Sept. 16, 1776, 
io the close of the war, or until discharged by Congress, and to ^ ^?i;^' ^^" ^' 
the representatives of such officers and soldiers, as shall be ^' 
slain by the enemy. 

Such lands to be provided by the United States, and 
whatever expense shall be necessary to procure such land, 
the said expense shall be paid and borne by the states, in 
*hc same proportion as the other expenses of the war, viz: 

To a colonel 500 acres, 

To a lieutenant colonel 450 

To a major « 400 

To a captain ' 300 

To a lieutenant . SOO 

To an ensign 150 

, Each non-commissioned officer and soldier 100. 
That the bounty and grants of land offered by Congress, 
hy a resolution of the 16th instant, as an encouragement to Resolution cf 
the officers and soldiers to engage to serve in the army of i?i)i Septem'i> 
the United States during the war, shall extend to all who " ~^ 
are, or shall be, enlisted for tliat term; the bounty of ten 
dollars, which any of the soldiers have received from the 
continent, on account of a former enlistment, to be reckon- 
ed in part payment of the twenty dollars offered by the said 
resolution; 

That no officer in the continental army be allowed to hold 
more than one commission, or to receive pay but in one ca- 
pacity, at the same time. 

That the provision for granting lands, by the resolution of 
September 16th, 1776, be and is hereby extended to the ResolutJon of 
general officers, in the ibllowine: proportion: i'^<^^ August, 



To a major general. One thousand one hundred acres 
a brigadier general, eight hundred and hfty do. 



4 XkiifED STATES MILITARY BOUNTIES. 

Resolution of -^Vith respect to this resolution, the following appears dh 
!t«1 the journals of Congress : 

"Congress resumed the consideration of the report of the 
Committee on the medical department, and, on the consider- 
ation of th6 following paragraph, viz: 

"That the s'eveval officers, whose pay is established as above, 
except the clerks and stewards, shall, at the end of the War, 
be entitled to a certain provision of land, in the proportion 
following, to wit: 

"The director to have the same quantity as a brigadier gen- 
eral ; chief physicians and purveyor the same a? a colonel : 
physicians and surgeons, and apothecary, the same as a lieu- 
tenant colonel; regimental surgeons and assistants to the 
purveyor and apothecary, the same as a major; hospital and 
regimental surgeons' mates, the same as a captain." 

"A motion was made by Mr. Muhlenberg, seconded by 
Mr. Bland, 

"To amend the paragraph, by inserting after the words 
"entitled to," the words following, viz: "half pay in the same 
proportion and under like restrictions as officers of the line.''- 

"x4nd on the question to agree to the amendment, 

"The yeas and nays w^ere required, and 

"It was resolved in the affirmative. 

"On the question to agree to the paragraph, as amended ; 

'^'The yeas and nays were required, and 

"It was resolved in the affirmative. 

"Ordered, That the paragraph respecting the pay be rc» 
committed." 

And whereas, by the foregoing arrangement, many deserv-' 

ing officers must become supernumerary, and it is pfoper 

that regard be had to them: 

J. , ,. ^ Resolved, That from the time the reform of the army 

3d Oct. 1780 takes place, they be entitled to half pay for seven years, in 

lb. ib. specie or other current money equivalent, and also grants oi 

land at the close of the war, agreeably to the resolution o-f 

the 16th of September, 1776. 



[Ordinance of Congress^ May'^Oth^ 1785, 1 vol, L, U. 3, p, 567.] 

. And whereas Congress, by their resolutions of September 

vl^, IT 1 Cth and 1 8th, in the year 1776, and the 1 2th of August, 1 7 80, 
stipulated grants of land to certain officers and soldiers of 
the late continental army, and by the resolution of the 22d 
September, 1780, stipulated grants of land to certain officers 
in the hospital department of the late continental army; for 
complying, therefore, with such engagements, be it ordained^ 
that the secretary of war, from the returns in his office, or 
sudi other sufficient evidence as the nature of tlie case may 



RcfriilationS 



UNITED STATES I^IHTARY BOU^TIE?. 

ftdmit, determine who are the objects of the above resolu- 
lutions and engagements, and the quantity of land to which 
such persons or their representatives are, respectively, enti- 
tled, and cause the tov>'nships, and fractional parts of town- 
ships, herein before reserved for the use of the late con- 
tinental army, to be drawn for in ssch manner as he shall 
deem expedient^ to answer the purpose of an impartial 
distribution. He shall, from time to time, transmit cer- 
tificates to the commissioners of the loan offices of the 
dilFerent states, to the lines of w^hich the military claim- 
ants have respectively belonged, specifying the name and 
rank of the party, the terms of his engagement and time 
of his service, and the division, brigade, regiment or company^ 
to which he belonged, the quantity of land he is entitled to, 
and tlKi township or fractional part of a township and range 
out of which his portion is to be taken. 

The commissioners of the loan offices shall execute deeds 
for such undivided proportions, in manner and form herein with resnect 
before mentioned, varying only in such a degree as to make to army boufts 
the same conformable to the certificate from the secretary ^^' ^"^^-• 
of war* 

Where any military claimants of bounty in lands shall not 
have belonged to the line of any particular state, similar cer- 
tificates shall be sent to the board of treasury, who shall ex- 
ecute deeds to the parties for the same. 

The secretary of w'ar, from the proper returns, shall trans- 
mit to the board of treasury a certificate, specifying the name 
and rank of the several claimants of the hospital department 
of the late continental army, together with the quantity of 
land each claimant is entitled to, and the township or frac- 
tional part of a township and range cut of whick his portion 
is to be taken; and thereupon tlie board of treasury shall 
proceed to execute deeds to such claimant?. 

The boarti of treasiiry, and the commissioners of the loan 
offices in the states, shall, within eighteen months, return re- 
ceipts to the secretary of war, for all deeds which have been 
delivered, as also all the original deeds which remain in their 
hands for want of applicants, having been first recorded; 
which deeds, ,so returned, shall be preserved in the office, 
until the parties or their representatives require the same. 



[Supplement to the ordinance for ascertaining the Diode of dispos- 
ing of lands in the Western territory — 1 r. L. U, S,p. 570.] 

That the secretary of w^ar issue warrants £br bounties of 
land to the several officers and soldiers of the late continent^ 
al armv who mav be entitled to such bounties, or to thoif: 



& tjNITED STATES MILITARY liOUI^'TIESu 

respective assigns* or legal representatives, certifying there- 
in the rank or station of each officer, and the line, regimentj 
corps, and company, in which the otliccr or soldier served. 

That the geographer, by warrant under his hand and 
seal, appoint one surveyor to each of the two tracts or dis- 
tricts of land set apart for satisfying the said bounties by 
the act of congress of the 22d of October last;! and that the 
persons efntitled to lands by virtue of warrants issued as 
^foresaid, shall be at liberty to locate them on any part of 
the two tracts of lands set apart as aforesaid; provided^ 
that each location and survey shall be bounded on one side 
by one of the external boundaries of one of the tracts afore- 
said or by some prior survey therein; and the external lines 
of eacli survey shall run east and west, north and south, 
such parts thereof excepted as may border upon a river 
bounding the district, and the several surveys shall be ii\ 
squares, unless where restrained by such river, or by the 
lines of former surveys; and provided also, that in every lo- 
cation there shall be a combination of as many warrants as- 
shall make the same at least six miles square, and no inter- 
stices shall be left between surveys less than six miles widCi 



[Ad of Is! Jiine^ 1796, 2 v, L. U, S. p, 565.] 

Boundary of Sec. 1 . That the surveyor general be, and he is hereby 

the U. S. M. required to cause to be surveyed the tract of land beginning 

~^^" at the norLhwest corner of the seven ranges of townships,- 

and running thence i\['tj miles dae south, along the western 

boundary of the said ranges ; thence, due west with the main 

branch of the Scioto river; thence, up the main branch of 

the said river, to tiie place where the Indian boundary line 

crosses the same; thence, along the said boundary line, 

to the Tuscarawas bnmch of the Muskingum river, at the 

crossing place above Fort Lawrence; thence, up the said 

river, to the point where a line, run due west from the place 

of beginning, will intersect the said river; thence, along the 

To be (livided^i^^G SO run, to the place of beginning; and shall cause the 

into townships said tracts to be divided, into townships of live miles square, 

offivemiles j^y running, marking, and numbering, the exterior lines of 

squaie, .^1^^^^ g^^^ townships, and marking corners in the said lines, at 

the distance of tv/o and one-half ndles from each other, in the 

2vol.L. U. s.iT^anner directed by the act, entitled "An act providing for 

page 5oJ. the sales of the lands of the United States, in the territory 

*This provision would socm to repeal a previous resolution of Congres?, 
of the 20th Sopteiiiber, 1776, which provides 'Hhat Conj^ress will not grant 
lands to any person or jiersons claiming- under the assignment of an officer 
or soldier." 

tSecthis act under the head of ''Lands granted to the United Brethren/-' 



WNITED STATES MILITARY BOUNTIES. -t 

northwest of the river Ohio, and above the mouth of Kentucky 
river ;^' and that the lands above described, except the salt 
springs therein, and the same quantities of land adjacent there- 
to, as are directed to be reserved with the salt springs, in the 
§aid recited act, and such tracts within the ])oundaries of 
die same, as have been heretofore appropriated by Congress, 
be, and they are hereby, set apart and reserved for the pur- 
poses hereinafter mentioned. 

Sec. 2. That the said land shall be granted only in tracts Lands to be 
containing a quarter of the township to which they belong, ^^.^^^^^^^^^^^^^ 
lying at the corners thereof; and that the secretary of the ta'mins; a qr. 
treasury shall for the space of nine months, after public no- tov/nship. 
tice in the several states and territories, register warrants 
for military services, to the amount of any one or more tracts, 
for any person or persons holding the same ; and shall, imme- 
diately after the expiration of the said time, proceed to de- 
termine, by lot, to be drawn in the presence of the secreta- 
ries of state and of war, the priority of location of the said pj-iority of lo-, 
registered warrants; and the person or persons holding the cation to be 
same shall, severally, make their locations, after the lots^'^t'^'ruiinedby 
shall be proclaimed, on a day to be previously fixed in the ^ ' 
before mentioned notice ; in failure of which, they shall be 

Postponed, in locating such warrants, to all other persons 
olding registered warrants: And the patents for all lands lo- 
cated under the authority of this act, shall be granted in the 
manner directed by the before mentioned act, without re- 
quiring any fee therefor. 

Sec. 3. That after the time limited for making the loca- After the time 
lions, as aforesaid, any person or persons holding warrants, limited, any 
of the before mentioned description, sufhcient to cover any P^^'^^" ^^^Y 
one or more tracts, as aforesaid, shall be at liberty to make 
their locations on any tract or tracts not before located. 

Sec. 4. That all the lands set apart by the first section of Lands not lo- 
this act, which shall remain unlocated on the first day of Jan- cated to be 
uary,in the year one thousand eight hundred, shall be released g^^f ^^i*^S_^ 
from the said reservation, and shall be at the free disposition vo^ll U. S. 
of the United States, in like manner as any other vacant ter- p. 260. 
ritory of the United States. And all warrants or claims for 
lands, on account of military services, which shall not, be- 
fore the day aforesaid, be registered and located, shall be 
forever barred. 

Sec 6. That all navigable streams or rivers, within the Navigable 
territory to be disposed of bv virtue of this act, shall be ^*7«^^"'^ ^f : 
deemed to be and remain public highways. And that, in all ^glTways 
cases where the opposite banks of any stream not navigable "" 
shall belong to different persons, the stream and the bed there- 
of shall be common to both. 



^ tJNITED STATES MILITARY BOUNTIlJJU 

[.dct of 2d March, 1709, 3 v. L. U. S. p, 260.] 

[Tl.€ 4(h sfe(f- ^^^' -• 'Tliat all the lands set apart by the first section of 

tion 0! the act the above mentioned act, which shall remain unlocatcd on the 

rcialccl'l '"^^^^^ day of January, in the year one thousand eight hundred 

pea ca.j ,^^^^ ^^^^^^ gl^^jj ^^ released from the said reservation, and shall 

Lands not lo- ^^ "^^ *'^^ ^^'^^ disposition of the United States, in like man- 
cated rclcas- i;'er as any other vacant territory of the United States. And 
c'i- that all warrants or claims for lands, on account of military 

r^StTedku^^^^'^'^^^'' ^^^^^ich shall not, before the day aforesaid, be re- 
red. ,' " gi^tcred^and Igcated^ shall be forever barred* 



[Ad of nth February, 1 800, 3 1*. L. [7. 5. p. 303.] 

The secrf>tarv- ^^^* ^' That the secretary of the treasury shall, for the 
to register Space of fourteen days after the expiration of the nine 
wmants. months heretofore allowed for that purpose, by the act, en- 
titled "An act regulating the grants of land appropriated for 
military services, and for the Society of the United Breth- 
ren for propagating the Gospel among the Heathen," regis- 
ter warrants for military services, in the form and manner 
Trioritv^Clo-^^'' ^^ prescribed by the said recited act; and the priority of 
cation to be location of said warrants, and the w^arrants registered under 
determined by the said rccited act, shall be determined by lot, immediately 
^ ' after tlie expiration of the said fourteen days, and a day for 

the location shall be fixed by the secretary of the treasury, 
Notice to be jo a public notice given in one of the Gazettes of the city gf 
^^'""^^* Philadelphia. 



[Act of 1st March, 1800, 3r. L, U. 5. p. 314.] 

Xiinrs actually Sec. 1 , That the respective points of intersection of the lines 
^•\" *!,\^?i ^°^" actually run, as the boundaries of the several townships survey- 
houndaies of ^'^ ^^J virtue of the act, entitled "An act regulating the grants 
tract?. of land appropriated for military services, and for the Society 

of the United Brethren for propagating the Gospel among the 
Heathen," accordingly as the said lines have been marked 
and ascertained at the time when the same were run, notr 
withstanding the same are not in conformity to the act afore- 
said, or shall not appear to correspond with the plat of the 
survey which has been returned by the surveyor general, 
shall be considered, and they are hereby declared to be, the 
corners of the said townships: That in regard to e-v^ry such 
Nxii nrrs of qv. township as, by the plat and survey returned by the surveyor 
t nvnnhips cs- general, is stated to contain four thousand acres in each 
tdbiishtd. quarter thereof, the points on each of the boundary lines of 
&uch township, which a^-c at an equal distance from those t^^o 



UN-ITED STATES MILITAHY BOUNTIES J ' :S 

Corners of the same township which stnnd on the sarcc horri- 
dary Hne, shall be considered, and they are hereby declared 
to be, corners of the respective quarters of such township: q^i^^^ I^^,^,^, 
that the other boundary lines of the said quarter townships dary lines to 
shall be straight lines, run from each of the last mentioned ^estraighh 
corners of quarter townships to the corner of quarter town- 
ships on the opposite boundary line of the same township; 
?nd that, in regard to eVery such township as, by the s?id re- 
turn, is stated to contain, in any of the quarters thereof, more 
or less than the quantity of four thousand acres, the corners 
marked in the boundary lines of such township, to designate 
the quarters thereof, shall be considered^ and tliey are here- 
by declared to be, the corners of the quarter townships 
thereof, although the same nrtay be found at unequal distances 
from the respective corners of such townships: And fuchrp yrr^^^y^'r, 
townships shall be divided, by running lines through the be divided by 
same, from the corners of the quarter townships Tictaaiiy nmning lines 
marked, whether the interior lines thus extended shall be ^"^^""sj^ ^^- 
parallel to the exterior lines of the said township or not; and corners mark- 
that each of tbe said quarter townships thus bounded, shall, ed, &c. 
In every proceeding to he had under the above mentioned, or 
this act, be considered as containing the exact quantity ex- 
pressed in the plat and survey thereof returned by the sur- 
feyor general, , 

Sec. 2. That it shall be lawful for the proprietors or hold- Warrants 
ers of warrants for military services, which have been, "^j^J ^e locat- 
or shall be, registered at .the treasury, in pursuance of the towmlnps!^&c, 
act, entitled "An act regulating the grants of land appropri- 
ated for military services, and for the Society of the United 
Brethren for propagating the Gospel among the Heathen,'" 
during the time, in the manner, and according to the rights of 
priority which may be acquired in pursuance of said act, to lo- 
cate the quantities of land mentioned in the warrants by them 
respectively registered, as aforesaid, on any quarter township, 
or fractional part of a quarter township, in the general tract 
mentioned and described in said act: Provided always^ That Proviso-, 
the fractional quarter townships upon the river Scioto, and 
those upon the river Muskingum, adjoining the grant made 
to Ebenezer Zane, or the tov/ns Salem, Gnadenhutten, or 
Shoenbrun, or the Indian boundary line, shall, in every 
case, be accepted and taken in full satisfaction for four thou- 
sand acres. 

Sec. 3. That whenever locations shall be made on any 'V^Tien loca- 
^uarter township, which, according to the actual survey and ■^*^^ "^^^^ ^^ 
plat thereof, returned by the surveyor general, is stated to tainin^ less 
contain less than the quantity of four thousand acres, except than 4boo 
in the case of fractions provided for in the preceding section, ^^f^^' ^^ ccrti. 
it shall be lawful for the secretary of the treasury to issue, s\^p fojl^refi-^* 
or cause to be issued, certificates, expressing the number of due. 
i^rrcs remaining unsatisfied, of any registrv of warrants, for 



10 tJI^TED STATES MILITARY BOUNTIESj^ 

the quantity of four thousand acres, made in pursuance of 
the act before recited, which certificates shall have the same 
validity and effect, and he liable to he barred in like manner, 
as warrants granted for military services ; hut no certificate 
shall he granted, nor any claim allowed, for less than fifty 
acres, nor for the navigable water contained within the lim- 
its of any quarter township or fractional quarter township. 
Sec. 4. That whenever a location shall he made on any 
No patent to quarter township, which, according to the actual survey and 
catk)ir6hal/be P^*'^^ ^^^^'^*^^' returned by the surveyor general, is stated to 
made on a exceed the quantity of four thousand acres, no patent shall 
quarter ex- be issued in pursuance thereof, until the person making such 
acres uutUhe ^^^ation shall deposite, at the treasury, warrants for military 
excess be paid services, or certificates issued by virtue of the preceding 
for, <Sfc. section, equal to the excess above four thousand acres, con- 

tained in such quarter township, or shall pay into the treasu- 
ry of the United States two dollars per acre, in the certificates 
of the six per cent, funded debt of the United States, or 
money, for each acre of the excess above four thousand acres, 
as aforesaid. 

Sec. 5. That after the priority of location shall have 
Firty quarter heen determined, and after the proprietors or holders of 
towiiships re- warrants for military services shall have designated the 
served for in- tracts by them respectively elected, it shall be the duty of 
ivi ua b. ^j^^ secretary of the treasury to designate, by lot, in the pre- 
sence of the secretary of war, fifty quarter townships, of the 
lands remaining unlocated, which quarter townships, togeth- 
er with the fractional parts of townships remaining unlocated, 
shall be reserved for satisfying warrants granted to individu- 
als for their military services, in the manner hereafter pro- 
vided. 

Sec. 6. That the land in each of the quarter townships 
Each quarter designated as aforesaid, and in sucii of the fractional parts of 
reserved to be quarter townships, as may then remain unlocated, shall be 
divided into divided by the secretary of the treasury, upon the respective 
aore^^^^ plats thereof, as returned by the surveyor general, into as 
many lots, of one hundred acres each, as shall be equal, as 
nearly as may he, to the quantity such quarter township or 
fraction is stated to contain ; each of which lots shall be includ- 
ed, where practicable, between parallel lines, one hundred 
and sixty perches in length, and one hundred perches in 
width, and shall he designated by progressive numbers, upon 
the plat or survey of every such quarter township and frac- 
tion, respectively. 
Sec. 7. That from and after the sixteenth day of March next, 
Lots may be it shall be lawful for the holder of any warrant granted for 
located at any jpriiiitary services, to locate at any time before the first day of 
iHt January J^iiuary, one thousand eight hundred and two, the number 
1802. of hundred acres, expressed in such warrant, on any lot or 

lots, from time to timej remaining unlocated within the tracts 



UNITED STATES MILITARY BOUNTIES, 11; 

reserved as aforesaid; and upon surrendering such warrant 
to the treasury, the holder thereof shall he entitled to receive 
a patent, in the manner, and upon the conditions, heretofore 
prescribed by law; which patent shall, in every case, ex- 
press the range, township, quarter township, or fraction, and 
number of the lot, located as aforesaid: But no location shall Locations to 
be allowed, nor shaJl any patent be issued, for any lot or lots of be made in 
one hundred acres, except in the name of the person originally |,^^"jfjj^^ °^ 
entitled to such warrant, or the heir or heirs of the person so proprietor « 
entitled; nor shall any land, so located and patented, to a his heirs, 
person originally entitled to such warrant, be considered as 
in trust for any purchaser, or be subject to any contract made 
before the date of such patent, and the title to lands acquir- 
ed in consequence of patents issued as aforesaid, shall and 
may be alienated in pursuance of the laws which have been, 
or shall be, passed in the territory of the United States north- 
west of the river Ohio, for regulating the transfer of real 
property, and not otherwise. 

Sec. 10. That the actual plat and survey, returned by The actual 
the surveyor general^ of quarter townships, and fractional plat -'^^^dsur- 
parts of quarter townships, contained in the tract mentioned ^^^^^2?^^^' 
and described in the act to which this is a supplement, shall 
be considered as final and conclusive, so far as relates to the 
quantity of land supposed to be contained in the quarter 
townships, and fractions, so that no claim shall hereafter be 
set up against the United States, hy any proprietor or hold- 
er ©f warrants for military services, on account of any defici- 
ency in the quantity of land contained in the quarter town- 
ship or fractional part of a quarter township, which shall 
have been located by such proprietor or holder, nor shall any 
claim be hereafter set up by the United States, against such 
proprietor or holder, on account of any excess in the quaa« 
tity of land contained therein. 



[Act of 20th Aprils 1802, S v. L, U. S.p. 478.] 
Sec. 1, That from and after the passing of this act, and Holders of 



until the first day of January next, it shall be lawful for the warrants maj 
holders or proprietors of warrants heretofore granted in con- un^tiUsUant- 
sideration of military services, or register's certificates, of fifty uary. 
acres or more, granted, or hereafter to be granted, agreeable 
to the third section of an act, entitled "An act in addition to an 
act, entitled "An act regulating the grants of land appropriate 
ed for military services, and for the Society of the United 
Brethren for propagating the Gospel among the Heathen," 
approved the first day of March, one thousand eight hundred, 
to register and locate the same, in the same manner, and un- 
der the same restrictions, as might have been done b«for^ 



12 



WNiTED STATES MILITARY EOLNTIES. 



^Proviso, the first day of January last: ProrzaW, That persons hold- 

ing register's certificates for a less quantity than one hun- 
dred acres, may locate the same on such parts of fractional 
townships as shail^ for that purpose, be divided by the scr 
cretary of the treasury into lots of fifty acres each. 

Sec. 2. That it shall be the duty of the secretary of war 
Claims may to receive claims to lands for military services, and clainis 
wh«f war- ^^^ duplicates of warrants issu^i from hi^t)fBce, or from the 
faiits, kc. are ^^^^ office of Virginia, or of plats and certificates of surveys 
suggested to founded on such warrants, suggested to have been lost oi\ 
to^r ^^*^" destroyed, until the first day of January next, and no longer; 
and immediately thereafter, to report the same to Con- 
gress, designating the numbers of claims of each description^ 
with his o])imon thereone 



Act of 26th 
April, 1802, 
revivedj kc. 



Secretary of 
war autLoriZ' 
ed to issue 
M'arxants to 
certain per- 
sons. 



Only to be lo- 
cated on 50 
quarter towr.,- 
sliips reserv- 
ed. 



See act of 
March LI 500. 



[.di:t of Sd March, 1803, 3 v. L. U. S. p. 564.] 

Sec. 1. That the fixrst section of "An act in addition to 
an act, entitled "An act in addition to an act regulating the 
grants of land appropriated for mihtary services, and for the 
Society of the United Brethren for propagating the Gospel 
among the Heathen/' approved the twentyrsixth of April, 
eighteeA hundred and two, be, and the same is hereby, re- 
vived and continued in force until the first day of April next*. 
Sec. 2. That the secretary of war be, and he hereby 
is, authorised, froiji and after the first day of April next, i^ 

-issue warrants for military bounty lands to the two hundred 
and fifty-four persons who have exhibited their, claims, and 
produced satisfactory evidence to substantiate the same to 
the secretary of war, in pursuance of the act of the twenty- 
sixth of April, eighteen hundred a,nd two, entitled "An act 
in addition to an act, entitled "An act in a^ddition to an act 
regulating the grants of land appropriated for military ser- 
vices, and for the Society of the United Brethren for propa- 
gating the Gospel among the Heathen." 

Sec« 3. That the holders, or proprietors, of the land 

. warrants issued by virtue of the preceding section, shall and 
nip,y locate their respective warrants, only on any unlocated 

•parts of the fifty quarter townships and the fractional quar-^ 
ter townships which had been reserved for original holders, 
by virtue of the fifth section of an act, entitled "An act in 
addition to an act, entitled <^AAn act regulating the grants of 
kind appropriated for military seiTices, and for the Society 
of the United Brethren for propagating the Gospel among 
tlio Heathen.^'* 

^Thc lands on this tract not located wofe directed 'to be surveyed into 
fcalf sections in the manner directed by the "Act providin;; for the snle of 
ilie lands, of the United States in the territory northwest of Ohio, and 
ybove^themouthof Kentacky rivf;r," J v. L. U. S. p. 55o. A part vras di^v" 
•\*cti'i to h'-- Hold yt Chillicothc und pari at Zancsvillc. 



' UMTED STATES MILITARY BOUNTIES. i^ 

[Ad of March 19, 1804, 3 r. L. U, S. p* 580] 

Sec. 1. That the act, entitled "An act, in addition to an . „ ^^ „ 
rict, entitled "An act, in addition to an act regulating the April revived 
grants of land appropriated for military services, and for the and continu- 
Society of the United Brethren for propagating the Gospel J^^jV^^l^f^^J'oo"". 
among the Heathen," approved the twenty-sixth day of April, ' ^^^ ' 
eighteen hundred and two, be, and the same is hereby, reviv- 
ed and continued in force, until the first day of April, one 
thousand eight hundred and five; Provided^ however^ That 
the holders or proprietors of warrants, or registered certifi- 
cates, shall and may locate the same, only on any unlocated 
parts of the fifty quarter townships, and the fractional quar- 
ter townships, which had been reserved for original holders, 
by virtue of the fifth section of an act, entitled "An act, in i'lcvisa. 
addition to an act, entitled "An act regulating the grants of 
land appropriated fop.military services, and for the Society 
of the United Brethren for propagating the Gospel among 
the Heathen:" And provided, also, That no holder or 
proprietor of warrants, or registered certificates, shall. be 
permitted to locate the same by virtue of this act, ujiless 
the secretary of war shall have made an endorsement on such 
warrant or registered certificate, certifying that no warrant 
has been issued for the same claim to military bounty land ; Froviso- 
'and by virtue of the second section of the act, entitled "An 
act to revive and continue in force an act in addition to an 
act, entitled ^'An act in addition to an act reguktting the ' 

grants of land appropriated for miUtary services, and for 
the Society (d the United Brethren for propagating the Gos- 
pel among the Heathen; and for other purposes," approved 
ithe third day of March, eighteen hundred and three. 



[Act of March 2, 1805, 3 v* U U. S, p, 657.] 



Sec. 1. That the secretary of w^ar be, and he hereby is, Secretary su- 
authorized from and after the passing of this act, *to issu^ thorized'to is- 
warrants for military bounty lands, to the sixty-three persons ^"^ warrants 
who have exhibited their claims, and produced satisfactory g^^!']^^"'"^^*'*^ 
evidence to substantiate the same to the secretary of war; 
and also, to such persons as shall, before the first day of April 
next, produce to him satisfactory evidence of the validity of 
their claims, in pursuance of the act of ,the twentj^-sixth of 
April, eighteen hundred and two, entitled "An act in addi- 
tion to an act, entitled "An act in addition to an act regulat- 
mg the grants of land appropriated for military services, and 
for the Society of the United Brethren for propagating the 
Gospel among the Heathen." 

Sec. 2. That the holders or proprietors of t}ic land war- Holders % 



14 r»lTE» STATES MILITARY BOUNTIflfe* 

warrants to j-ants is?ued by virtue of the preceding section, shall and 
oTthe soq'r "^^3^ locate their respective warrants only on any unlocated 
townships re- parts of the fifty quarter townships, and the fractional quar- 
s*ved. ter townships, which had been reserved for original holders, 

by virtue of the fifth section of an act, entitled "An act in 
addition to an act, entitled "An act regulating the grants of 
land appropriated for military services, and for the Society 
of the United Brethren for propagating the Gospel among 
the Heathen." 
Act of S6th Sec. 3. That the act, entitled "An act in addition to an 
April, 1802, act, entitled "An act in addition to an act regulating the 
continued m gj.^j,^g ^^ |g^^^ appropriated for military services, and for the 
March, 1806. Society of the United Brethren for propagating the Gospel 
among the Heathen," approved the twenty-sixth day of April, 
eighteen hundred and two, be, and the same is hereby, con- 
tinued in force until the first day of March, eighteen hun- 
dred and six.* 

*By the act of April 15th, 1806, the secretary of war is to issue warrant? 
to persons having valid claims, who shall present them before the Ist of 
March, 1808. Locations may be made prior to the 1st day of Oct. 1808. 

The fifty reserved quarters to be surveyed — 4 vol. L. U. S. p. 34. 

The act of March 21st, 1808, gives time to issue warrants until the 1st 
^ay of March, 1810; and to locate th«m until the 1st of October, 1810—4 
^ vol. L. U. S. p. 155. 

By the act of December 19th, 1809, time is given to issue warrants un- 
til the 1st of March, 1813; and to locate until the 1st of October, 1813—4 
vol. L. U. S. p. 243. 

Act of July 5th, 1813. — ^Further time is given to is?ue warrants nntil the 
1st of March, 1816: and to locate them until the 1st of October, 1816 — i 
vol. L. U. S. p. 542. 

Act of 16th April, 1816. — Further time is given to issue warrants until the 
1st day of March, 1818, and to locate them until the 1st day of October, 
1819. The commissioner of the land office to return unlocated lots which 
are to be offered for sale after the let of March, 1819 — 1 Session, 14th Con- 
gress, page 52. 

Act of March 9th, 1818.— The time limited extended to May Ist, 1819; 
and the time for location, extended to the 1st day of October, 1819 — 1 Sess. 
15th Cone:ress, page 15. 

Act of February 24th, 1819. — The time limited by the last act, extended to 
the 4th of March, 1821 ; and for location to the 1st day of October thereaf- 
ter — 2 Sess. 15th Cong, page 31. 

Act of March 3d, 1823. — Further time for issuing warrants given until the 
4th of March, 1825; and for locating them until the 1st day of October 
thereafter— 2 Sess. 17th Cong. p. 77. 

Act of May 26th, 1824. — The authority granted to the secretary of war, 
by act of February 24th, 1819, revived and continued in force for five yeaore: 
1 Sess. 18th Cong. p. 112. 



#Wo eoiftjwins'J^ tinvxhuf^tA 



[Ordinance of May 20, 1785, 1 v. L. U. S. p. 563.] 

The surveyors, as they are Tespectively qualified, shall Surveyors to 
proceed to divide the said territoi-y into townships of six divide territo- 
miles square, by lines running due north and south, and oth- sh/psofsix" 
ers crossing these at right angles, as near as may he, unless miles sqnar^. 
where the boundaries of the late Indian purchases may ren- 
der the same impracticable, and then they shall depart from 
this rule no farther than such particular circumstances may 
require. And each surveyor shall be allowed and paid at 
the rate of two dollars for every mile in length he shall run, 
including the wages of chain carriers, markers, and every 
©ther expense attending the same. 

The first line running north and south as aforesaid, shall ^^.,^1-^^^^^^^^ 
begin on the river Ohio, at a point that shall be found to beningN.andS. 
due north from the western termination of a line which has to begin on tb© 
been run as the southern boundary of the state of Pennsyl- ^^- 
vania: And the first line running east and west, shall begin 
at the same point, and shall extend throughout the whole 
territory: Prozidedj That nothing herein shall be construed, 
as fixing the western boundary of the state of Pennsylvania. 
The geographer shall designate the townships or fractional 
parts of townships, by numbers, progressively, from south 
to north ; always beginning each range with No. 1 ; and the 
ranges shall be distinguished by their progressive numbers 
to the westward. The first range, extending from the Ohio The first E, 
t-o the lake Erie, being marked No. 1. The geographerand W. Hne 
shall personally attend to the running of the first east and^gg^^j^^l"^ ^'' 
west line ; and shall take the latitude of the extremes of the point, &c. 
first north and south line, and of the mouths of the princi- 
pal rivers. 

The lines shall be^easored with a chain ; shall be plain- Lines shall b# 
ly marked by chaps on the trees, and exactly described on "^^^^^*^^^^ 
a plat; whereon shall be noted by the surveyor, at their ^^^5"^^ ^^ 
proper distances, all mines, salt springs, salt licks, and mill 
seats, that shall come to his knowledge ; and all water courses 
mountains and other remarkable and permanent things, 

tSee Act of Virginia, October session 1783, Chancery Revised, 214 j X Y^ 
L. U. S. p. 4725 a*id undesc Ae titlg "Vifgisia Military Boiuities." 



J^ OHIO co:>iPAXY*s purchase; 

over or near vvhlch such lines shall pass, and also the qilali^ 
ty of the lands. 

The plats of the townships, Respectively, shall he marked. 
Plats of to\rn- hy sub-divisions, into lots of one nriile square, or 640 pcresi 
ships shall be jn the same direction as the external lines, and numherecl 
Jots of one ^^'^^^ ^ ^^ ^^'^ alvy-ays beginning the succeeding range of the 
imile square. lots with the number next to that with which the preceding 
one concluded. And where, from the causes before men- 
tioned, only a fractional part of a township shall be survey- 
ed, the lots protracted thereon shall bear the same numberFi 
as if the township had been entire. And the surveyors, in 
■Corners to be running the er?:ternal lines of the townships, shall, at the in- 
marked, terval of every mile, mark corners for the lots which are 
adjacent, always designating the same in a different manner 
from those of the townships. 

The board of treasury shall transmit a copy of tlie origi- 
Township?, nal plat?>, previously noting thereon the townships and frac- 
sold.^^ ^^ tional parts of townships, which shall have fallen to the seve- 
ral states, by the distribution aforesaid, to the commissioners 
of the loan office of the several states, who, after giving no- 
tice of not less than two, nor more than six months, by caus- 
ing advertisements to be posted up at the court houses or 
other noted places in every county, and to be inserted in 
one newspaper published in the states of their residence, re- -* 
spectively, shall proceed to sell the townships or fractional 
parts of townships, at public vendue, in the follov/ing manner, 
viz: the township or fractional part of a township No. 1, in 
the first range, shall be sold entire; and No. 2. in the same 
ran 2:e, by lots; and thus, in alternate order, through the 
whole of the first range. The township or fractional part 
of a township No. 1, in the second range, shall be sold by 
lots; and No. 2, in the same range, entire; and so, in alter- 
nate order, through the whole of the second range; and tho 
third range shall be sold in the same manner as the first, I 
and the fourth in the same manner as the second;, and thus," ^ 
alternately, throughout all the ranges: Provided, That none 
of the lands within the said territory be sold under the price 
of one dollar the acre, to be paid in specie or loan office cer- 
tificates, reduced to specie value by the scale of deprecia- 
tion, or certificates of hquidated debts of the United States^' 
including interest, besides the expense of the survey and 
other charges thereon, which are hereby rated at thirty-six; 
dollars the township, in specie or certificates as aforesaid, 
and so, in the same proportion, for a fractional part of a 
township or of a lot, to be paid at the time of sales, on fail- 
ure of which payment the said lands shall again be offered 
^r sale. 

There shall be reserved for the United States out of ev- 

KcscATation.:; ^^j township, the four lots, being numbered 8, 11, 26, 29, 

ajid otit of every fractional part of a township, so many lots 



n 



oC the same numbers as shall be found thereon, for future 
sale. There shall be reserved the lot No. 16, of every 
township, for the maintenance of public schools within the 
said township; also, one-third part of all gold, silver, Icad^ 
and copper, mines, to be sold, or otherwise disposed of, as 
Congress sliall hereafter direct.^ 



[In Congress, July 23, 1787, 1 r. jL. U, S, p. 573.] 

The report of a committee, consisting of Mr. Canington, 
Mr. King, Mr. Dane, Mr. Madison, and Mr, Benson, amended 
to read as follows, viz: "* 

That the board of treasury be authorized and empowered Board of 
to contract with any person or persons for a grant of a tract treasury em- 
of land which shall be bounded by the Ohio, from the mouth py^Yj,I!^'^^f°j. 
of Scioto to the intersection of the western boundary of the certain Innd: 
seventh range of townships now surveying; thence, by the 
said boundary to the northern boundary of the tenth town- 
ship from the Ohio; thence, by a due west line to Scioto; 
thence, by the Scioto to the beginning, upon the following 
terms, viz: The tract to be surveyed, and its contents as- 
certained, by the geographer or some other officer of the 
United States, who shall plainly mark the said east and west 
line, and shall render one complete plat to the board of trea- 
sury,, and another to the purchaser or purchasers: The pur- 
rhaser or purchasers, within seven years from the comple- 
tion of this work, to lay oif the whole tract, at their own ex- 
pense, into townships and fractional parts of townships, and 
to divide the same into lots, according to the land ordinance of 
the 20th of May, 1785 ; complete returns whereof to be made 
to the treasury board. The lot No. 1 6, in each township or 
fractional part of a township, to be given perpetually for the 
purposes contained in the said ordinance. The lot' No. 29, 
in each township or fractional, part of a township^ to be giv- 
en perpetually for the purposes of reUgion.t The lots Nos. 
8, 11, and 26, in each township, or fractional part of a town- 
ship to be reserved for the future disposition of Congress. 
Not more than two complete townships to be given perpetu-Two to^vn^ 
ally for the purposes of an University, to be laid olf by the ships to be 
purchaser or purchasers, as near the centre as may be, so fj''®" ^^'" ^ 
that the same shall be of good land, to be applied to the in- ^^^^^^'^*^' 
tended object by the legislature of the state. The price to 

*Salt springs and lead mines are reserved by subsequent laws: but the 
reservation of gold, silver, and copper has been discontinued. By the acts 
of 18th May, 1796, 2 v.. L. U.S. p. 533, and 10th May, 1800, 3 v. L. U. 
S. p. 385, four central sections, including No. 16. were reserved in lieu 
of those here designated. 

tThe grant of No. 29, for religious purposes, is confined to the Ohio 
Company and J. C. Svmraes-s DurchL?e. 

c 



18 OHIO COMPANY*S PURCHASE. 

Price to be be not less tlian one dollar per acre for the conlents of ih6 

^Ivevs^re ^^^^ tract, excepting the reservations and gifts aforesaid, pay- 
able, in . specie, loan office certificates reduced to specie 
value, or certificates of liquidated debts of the United States, 
liable to a reduction by an allowance for bad land, and all 
incidental charges and circumstances whatever: Provided^ 

rnoviio. That such allowance shall not exceed, in the whole, one- 

third of a dollar per acre. And in making payment the 
principal only of the said certificates shall be admitted, and 
the board of treasury, for such interest as may be due on 
the certificates rendered in payment as aforesaid ^ prior to 
January 1, 1786, shall issue indents for interest to the pos- 
sessors, which shall be receivable in payment as other indents 
for'interest of the existing requisitions of Congress; and for 
such interest as may be due on the said certificates between 
that period and the period of payment, the said board shall 
issue indents, the payment of which to be provided for in fu- 
ture requisitions, or otherwise. Such of the purchasers as 
may possess rights for bounties of land to the late army, to 
be permitted to render the sam.e in discharge of the contract* 

Froviso. acre for acre: Prozided^ That the aggregate of such rights 

shall not exceed one-seventh part of the land to be paid for: 

Proviso. And provided also^ That there shall be no future claim against 
the United States on account of the said rights. Not less 
than 500,000 dollars of the purchase money to be paid down 
upon closing of the contract, and the remainder upon the 
completion of the work to be performed by the geographer 
or other ofiicer on the part of the United States. Good and 
sufficient security to be given by the purchaser or purchasers 
for the completion of the contract on his or their part. The 
grant to be made upon the full paym.cnt of the consideration 
money, and a right of entry and occupancy to be acquired 
immediately for so much of the tract as shall be agreed 
upon between the board of treasury and the purchasers. 

Ordered^ That the above be referred to the board of trea- 
sury to take order. 



[Letter of Cutler and Sargent to the hoard of ireasury^ dated 
New-York, July 26, 1787, 1 r. L, U. S, p. 491.] 

We observe by the act of the 23d instant, that your honor- 
Proposltions able board is authorized to enter into a contract for the sale 
of a tract of land therein described,, on certaia conditions 
expressed in the act. As we suppose this measure has been 
adopted in consequence of proposals made by us in behalf of 
ourselves and associates, to a committee of Congress, we beg 
leave to inform you that we are ready to enter into a con- 
tract for the purchase of the lands described in the act, pro- 



of Cutler and 
Sargent. 



PURCHASE. 19 

vided you can conceive yourselves authorized to admit of the Propositions 
following conditions, which, in some degree, vary from the^^ -'• '^' ^♦ 
report of the committee, viz : 

The subordinate surveys shall be completed as mentioned 
in the act, unless the frequency of Indian irruptions may 
render the same impracticable without a heavy expense to 
ihe company. 

The mode of payment we propose is, half a million of dol- 
lars when the contract is executed; another half a million, 
when the tract, as described, is surveyed. by the proper offi- 
cer of the United States; and the remainder in six equal 
payments, computed from the date of the second payment. 

The lands assigned for the establishment of a University, 
to be nearly as possible in the centre of the first million and a 
half of acres we shall pay for; for to fix it in the centre of the 
proposed purchase, might too long defer the establishment. 

When the second payhient is made, the purchasers shall 
receive a deed for as great a quantity of land as a million of 
dollars will pay for, at the price agreed on; after v.duch wc 
will agree not to receive any further deeds for any of the landy 
purchased, only at such periods, and on such conditions, as 
may be agreed on betwixt the board and the purchasers. 

As to the security, which the act says sliall be good and suf- 
ficient, we are unable to determine what those terms may 
mean, in the conteiTirplation of Congress, or of your honorable 
board ; v/e shall, therefore, only observe, that our private for- 
tunes, and that of most of our associates, being embarked in 
the support of the purchase, it is not possible for us to offer 
any adequate security, but that of the land itself, as is usual 
in great land- purchases. 

We will as^ree so to regulate the contract that we shall 
never be entitled to. a right of entry or occupancy, but on 
lands actually paid for, nor receive any deeds till our pay- 
ments amount to a million of dollars, and then only in pro- 
portion to such payment. The advance we shall always be 
under, without any formal deed, together with the improve- 
ments made on the lands, will, we presume, be ample secu- 
rity, even, if it was not the interest as well as the disposition 
of the company to lay the foundation of their establishment 
on a sacred regard to the rights of property. 

If these terms are admitted, we shall be ready to conclude 
the contract. 



[Resolution of 27th July^ 1787, 1 r. L. U, S, p. 574.] 

'^Ordercdj That the above letter from Manh. Cutler, and 
Winthrop Sargent, to the board of treasury, containing pro^ 
posals for the j^urchase of a tract of Ifind desccibed in the^ 



-■0 OHIO COMPANY'S PURCHASE. 

act of Congress of the 23d instant, be referred to the boarct 
df treasury to take order: Provided^ That after the date of 
the second payment therein proposed to be made, the resi- 
due shall be paid in six equal and half yearly instalments^ 
\mtil the whole thereof shall be completed, and that the pur- 
chasers stipulate to pay interest on the sums due from the 
completion of the survey to be performed by the ge9grapher^ 



{.let of2lst April, 1792, 2 v, Z. U. S, p, 276.} 

Sec. 1. That a certain contract expressed in an. indenture 
executed on the twenty-seventh day of October, in the year 
one thousand seven hundred and eighty-seven, between the 
then board of treasury for the United States of America, of 
the one part, and Manasseh Cutler, and Winthrop Sargent, 
• a« agents for the directors of the Ohio Company of Associ- 
ates, of the other part, so far as the same i*espects the fol- 
Boundaries of ^^^i^^g described tract of land; that is to say: " Beginning 
the Ohio at a station where t'le v/estcrn boundary line of the seventh 
!^^'^lPf^y'^ range of townships, laid out by the authority of the United 
- " ' States in Congress assembled, intersects the river Ohio,; 
thence, extending along that river, southwesterly, to a 
place where the vf estern boundary line of the fifteenth range 
of townships, vv:hen laid out agreeably to the land ordinance 
passed the twentieth day of May, one thousand seven hun- 
dred and eighty-five, would touch the said river; thence, 
running northerly on the said western bounds of the said fif- 
teenth range of townships, till a line drawn due east to the 
western boundary line of the said seventh range of townships, 
will comprehend, with the other lines of this tract, seven 
hundred and fifty thousand acres of land, besides the several 
lots and parcels of land in the said contract reserved or ap- 
propriated to particular purposes ; thence, running east to the 
western boundary line of the said seventh range of townships, 
and thence along the said line to the place of beginning,'' be, 
and the same is hereby, confirmed: And that the president 
of the United States be, and he hereby is, authorized and 
empovvered to issue letters patent, in the name and under 
the'"3eal of the United States, thereby granting and convey- 
ing to B/dfus Putnam, Manasseh Cutler, Robert Oliver, and 
Griffin Green, and to their heirs and assigns, in fee simple, 
the said described tract of land, with the reservations in the 
sai^d indenture expressed, in trust for the persons composing 
the said Ohio Comptmy of Associates, according to their sev- 
eral rights and interests, and for their heirs and assigns^ as 
tenants in common. 

Sec. 2. That the president be, and he hereby is, farther 
authorized and empowered, by Iqttcrs patent as aforesaid. 



21 

10 grant and convey to the said Riifus Putnam, Manasseh President to 

Cutler, Robert OliVer, and Griffin Green, and to their heirs X'^tra"! 

and assigns, intrust, for the uses above expressed, one other 

tract, of two hundred and fourteen thousand two hundred 

and eighty-five acres of land: Provided^ That the said Ru-p^-oyico, 

fus Putnani, Manasseh Cutler, Robert Oliver, and *Griffin 

Green, or either of them, diali deliver to the secretary of 

the treasury, within six months, warrants which issued for 

army bounty rights sufficient for that purpose, according to 

the provision of a resolve of Congress of the twenty-third day 

of July, one thousand seven hundred and eighty-seven. 

Sec. 3. That the president be, and he hereby is, further ^ 

authorized and empowered, by letters patent as aforesaid, to^^ \,^ convoy- 
grant and convey to the said Rufus Putnam, Manasseh Cut-ed m trust. 
Icr, Robert Oliver, and Griffin Green, and to their heirs and 
assigns, in fee simple, in trust for the uses above expressed, a 
farther quantity of one hundred thousand acres of land: 
Provided always^ nevertheless^ That the said grant of one Proviso, 
hundred thousand acres shall be made on the express condi- 
tion of becoming void, for such part thereof as the said com- 
pany shall not have, within five years from the passing of 
this act, conveyed in fee simple, as a bounty and free of ex- 
pense, in tracts of one hundred acres, to each male person, 
not less than eighteen years of age, being an actual settler at 
the time of such conveyance. 

Sec 4. That the said quantities of two hxind¥ed and Location to 
fourteen thousand two hundred and eighty-five acres, and of j ^^-^q^^^^ 
one hundred thousand acres, shall be located within the tract.' 
limits of the tract of one million five hundred thousand acres 
of land, described in the indenture aforesaid, and adjoining to 
the tract of land described in the first section of this act, and 
in such form as the president, in the letters patent, shall pre- 
scribe for that purpose. 



[Extract from the Patent, 1 r. L. U. S.;;. 492.] 

First Tract, Beginning at a station or point, where the Boundaries. 
western boundary line of the seventh range of townships, ^f't tract, 
laid out by the authority of the United States in Congress 
assembled, intersects the river Ohio; thence, extending along 
that river southwesterly, to a place where the western boun- 
dary line of the fifteenth range of townships, when laid out 
agreeably to the land ordinance, passed the twentieth day 
of May, one thousand seven hundred and eighty-five, would 
touch the said river; thence, running northerly on the said 
western boundary of the said fifteenth range of townships, 
till a line drawn due east to the western boundary line of 
the said seventh range of townships, will comprehend, witk 



"-^Z OHIO COMPANY S PURCHASE., 

Boundaries the other lines of this tract herein specified and described, 
^-^' seven hundred and fifty thousand acres of land, besides the 

several lots and parcels of land, in a certain contract, exe- 
cuted on the twenty-seventh day of October, one thousand 
seven hundred and eighty-seven, between the then board of 
treasury, for the United States of America, of the one part, 
and Manasseh Cutler and Winthrop Sargent, as. agents for 
the directors of the Ohio Company of Associates, of the other 
part, reserved or appropriated to particular purposes ; thence, 
running east to the western boundary line of the said se- 
venth range of townships, and thence along the said line to 
the place of beginning; which said tract contains, as coia- 
puted, nine hundred and thirteen thousand eight hundred 
ajid eighty- three acres; subject, however, to the reser- 
vations expressed in an indenture, executed on the twen- 
ty-seventh day of October, in the year one thousand seven 
hundred and eighty-seven, between the then board of trea- 
. sury, for the United States of America, of the one part, and 
Manasseh Cutler and Winthrop Sargent, as agents for the di- 
rectors of the Ohio Company of Associates, of the other part. 
Second tract. One tract of land, containing two hundred 
and fourteen thousand two hundred and eighty-five acres, to 
Bounda^es of be located within the limits of the tract of one million five 
^dioad tract, hundred thousand acres, described in an indenture, execut- 
ed on the twenty-seventh day of October, in the year one 
^ thousand seven hundred and eighty-seven, between the then 
board of treasury, for the United; States of America, of the 
one part,^ and Slanasseh Cutler and Winthrop Sargent, as. 
agents for the directors of the Ohio Company of Associates, 
of the other part, and adjoining to the tract of land, describ- 
ed in the first section of the above recited act, and. in the 
form herem prescribed, as follows: Beginning on a line that 
has been surveyed, and marked by Israel Ludlow (a plat or 
map whereof is filed in the oflice of the secretary of the. 
treasury) as for the north boundary line of a tract of one 
million five hundred thousand acres, expressed in an inden- 
ture, executed on the twenty-seventh day of October, one 
thousand seven hundred and eighty-seven, between the then 
board of treasury, for the United States of America, of the 
one part, and Manasseh Cutler and Winthrop Sargent, of 
the other part, at a point which is and shall be established, 
to be the northwest corner of a tract of one hundred thou- 
sand acres, granted to the said Rufus Putnam, Manasseh 
Cutler, Robert Oliver, and Grifiin Green, by letters patent, 
bearing even date with these presents ; thence,, running 
westerly on the said line, surveyed and marked as afore- 
said, to a point where the said line would intersect the west 
boundary line of the eleventh range of townships, if laid out 
agreeably to the land ordinance, passed the twentieth day 
of May, one thousa.ndseveahundred and eighty-five 5 thence,. 



23 

running south, on the said western boundary, of the said Boundaries, 
eleventh range of townships, if laid out as aforesaid, till it «^c. 
would intersect a westerly continuation of the north boun- 
dary line of the third township of the sevcrth range of town- 
ships, surveyed by the authority of the United States of 
America in Congress assembled ; thence, running on a fur- 
ther westerly continuation of the said north boundary line 
of the said third township, to a point, station, or place, where 
the western boundary line of the sixteenth range of town- 
ships would intersect or meet the same, if laid out agreea- 
bly to the land ordinance aforesaid; thence, running south, 
on the said western boundary line of the sixteenth range of 
townships, laid out as aforesaid, to a point, station, or place, 
from which a line drawn due east, to the west boundary 
line of a tract of nine hundred and thirteen thousand eight 
hundred and eighty-three acres, granted to Rufus Putnam^ 
Manasseh Cutler, Robert Oliver, and Griffin Green, by let- 
ters patent, bearing even date with these presents, will, 
with the other lines of this tract, as herein specified and 
described, comprehend two hundred and fourteen thousand 
two hundred and eighty-five acres; thence, running due 
east to the western boundary line of the said tract of nine 
hundred and thirteen thousand eight hundred and eighty- 
three acres; thence, running northerly, on the said western 
boundary line to the northwest corner of the said last men- 
tioned tract; thence, running easterly on the northern boun- 
dary of the said last mentioned tract, to the point where 
the same is touched or intersected by the western boundary 
of the aforesaid tract of one hundred thousand acres ; thence, 
northerly, on the said vrestern boundary of the said last 
mentioned tract, to the place of beginning. 

Third tract. One hundred thousand acres of land, to be Boundarieg cf 
located within the limits of the tract of one million five bun- ^^^'^^ traoto 
dred thousand acres of land, described in an indenture, ex- 
ecuted on the twenty-seventh day of October, in tiie year 
one thousand seven hundred and eighty-seven, between the 
then board of treasury, for the United States of America^ 
of the one part, and Manasseh Cutler and Winthrop Sargent, 
as agents for the directors of the Ohio Company of Associ- 
ates, of the other part, and adjoining to the tract of land 
described in the first section of the above recited act, and in 
the form herein prescribed, as foUov/s: Beginning on the 
western boundary line on the seventh range of townships, 
laid out by the authority of the United States in Congress 
assembled, at a point, which is and shall be established to 
be the northeast comer of a certain tract of land, containing, 
as computed, nine hundred and thirteen thousand eight hun- 
dred and eighty-three acres, by letters patent, bearing even 
date with these presents, granted to the said Rufus Putnam, 
Manasseh Cutler. R.obert Oliver, and GrifHn Green: thence. 



24 OHIO company's purchase. 

i"iimiing northerly, on the said western boundary of the said 
seventh range of townships, to a point or station that has beer^ 
fixed, pursuant to a survey, made by Israel Ludlow, a plat; 
or map whereof is filed in the office of the secretary of the 
treasury, as tJie northeast corner of a tract of one million 
live hundred thousand acres, described in ah indenture, ex- 
ecuted on the 27th day of October, one thousand seven hun- 
dred and eighty-seven, between the then board of treasury, 
for the United States of America, of the one part, and Manas- 
seh Cutler and Winthrop Sargent, of the other part; thence, 
running westerly on the northern boundary line of the said tract 
of one million five hundred thousand acres, as surveyed and 
marked by the said Israel Ludlow, to a point, from which 
a line drawn south to the northern boundary line of the 
spcid tract of nine hundred and thirteen thousand eight hun- 
dred and eighty-three acres, will, with the other lines of this 
tract, therein fc'pecified and described, comprehend one hun- 
dred thousand acres; thence, running south to the said north-^ 
ern boundary line, and thence, due east on the said northern 
boundary line, to the place of beginning. 



[Act of 18//i March, 1818, 1st Session, loth Congress p. 16.] 

Bufus Tut- Sec. 1. That, for the purpose of ascertaining the quantity, 

iiam, &c. to and providing for the sale of the lands belonging to the United 
report jvimt_ g|-rjj-gg^ ^j|-j^j^^ ^]^q limits of a tract of one hundred thousand 
Scre^tract'has ^-"^^^r g^^^^^^ ^^ Rufus Putnaili, ManasGeh Cutler, Robert 
been convey- Oliver, and Griffin Green, in trust for the persons compos- 
^^' ing the Ohio Company of Associates, in pursuance of the 

third section of an act, entitled ^'An act authorizing the 
grant and conveyance of certain lands to the Ohio Company 
of As&cciates," passed on the twenty-first of April, seventeen 
hundred and ninety-two, it shall be the duty of the surveyor 
general, and he is hereby authorized, to require of the 
said Rufus Putnam, and other surviving patentees, in trust 
as aforesaid, to make a report to him of the quantity and 
situation of the lands by them conveyed, as bounties, to ac- 
tual settlers, according to the conditions of the said third 
section and grant aforesaid ; and also, a duly attested copy 
of the field notes and plat of the surveys of the lands by them 
Qjp-p^^Y .pj^_ conveyed to actual settlers as aforesaid. And the surveyor 
oral to c;inse general^ on receiving a satisfactory report of the quantity 
)\csjdue to be and situation of the lands so conveyed, shall cause the resi- 
pAirvcyedj&c. jy^^ of the lands within the said tract to be surveyed in the 
same manner as the other public lands; or, if he shall deem 
it more convenient into tracts of one hundred acres, conform- 
ing, as far as practicable, to the plan, on which lots granted 
>o actual settlers were laid oif; and he shall make return of 



OHIO company's purchase* 25 

the surveys to the general land office and the register of the 
land office at Marietta. 

Sec. 3. That such part of the tract, described by the first The tract re- 
section of this act, as shall appear to belong to the United maininginthe 
States, shall he otlered for sale at Marietta, and such part ^jd^jit^^lari, 
of the tract described by the second section of this act, as etta.' 
shall not have been located under confirmed claims, shall be 
offered for sale at Vincennes. The said lands, in the said 
respective tracts, with the exception of the usual proportion 
for the support of schools, shall be offered for sale to the 
highest bidder, under the direction of the register of the 
land office and the receiver of public moneys for the said 
districts, on such days respectively, as shall, by proclama- 
tion of the President, be designated for that purpose ; the 
sales at each place shall remain open six days, and no long- 
er; the lands shall not be sold for less than two dollars an 
acre ; and shall in every other respect, both as to public and 
private sales, be sold on the same terms and conditions as 
other public lands in the same districts ; and patents shall be 
obtained in the manner, and on the terms, provided in casp 
of other public lands sold by the United States. 



D 



Sofitt (!tXt\>t^ S^nt^mm* ^xivtM^ut. 



[Application by petition^ A^ew York^ 29 ih August^ 1787, 1 r. 
L. U. S. p. 494.] 

That yotir petitioner, encouraged by the resolutions of 
John Cl«ves Congress of the 23d and 27th of July last, stipulating the con- 
Symmes' dition of a transfer of federal lands on the Scioto and Mus- 
rac , c. kingum rivers, unto Winthrop Sargent and Manasseh Cutler, 
esquires, and their associates, of New England, is induced, 
on behalf of the citizens of the United States, westward of 
Connecticut, who also wish to become purchasers of federal 
lands, to pray that the honorable the Congress will be 
pleased to direct that a contract be made by the honorable 
the commissioners of the treasury board, with your petition- 
er, for himself and his associates, in all respects similar in 
form and matter to the said grant made to Messrs. Sargent 
and Cutler, differing only in quantity and place where, and 
instead of two townships for the use of an University, that 
one only be assigned for the benefit of an academy. 

That by such transfer to yout* petitioner and his associates, 
on their complying with the terms of sale, the fee may pass 
of all the lands lying within the following limits, viz: begin- 
ning at the mouth of the Great Miami river; thence, run- 
ning up the Ohio, to the mouth of the Little Miami river; 
thence, up the main stream of the Little Miami river, to 
the place where a due west line, to be continued from the 
western termination of the northern boundary line of the 
grant to Messrs. Sargent, Cutler, and company, shall inter- 
sect th€ said Little Miami river; thence, due west, continu- 
ing the said western line to the place where the said line 
shall intersect the main branch or stream of the Great Mi- 
ami river ; thence, down the Great Miami, to the place of 
beginning.* 



[Act of Idth April, 1792, 2 r. L. U. S. p. 270.] 

That the President of the United States be, and he hereby 
f h^orimUo al- ^^ '^^ *^^ request of John Cleves Symmes, or his 

tcr the con- agent or agents, to alter the contract, made between the late 

*In Conc;rcss, Oct. 2, 1787, ordcrerl, that the above petition he rGfcrfca 
to UiC board of treasury, totakc<>rder. 



JOHN CLEVES SYMMK^' PURCHA^.. 2,7 

board of treasury and the said John Cleves Synnmes, for the ^^act made 
sale of a tract of land of one million of acres, in such man-^^^^ Symnre^. 
ner that the said tract may extend from the mouth of the 
Great Miami to the mouth of the Little Miami, and be bound- 
ed by the river Ohio on the south, by the Great Miami on the 
west, by the Little Miami on the east, and by a parallel of 
latitude on the north extending from the Great Miami to the 
Little Miami, so as to comprehend the proposed quantity of 
one million of acres: Provided^ That the nortliern limits of 
the said tract shall not interfere with the boundary line es- 
tablished by the treaty of Fort Harmar, between the United 
States and the Indian nations: And provided^ also^ That 
the President reserve to the United States, such lands at 
and near fort Washington as he may think necessary for the 
accommodation of a garrison at theit fort.* 



[AppliccUion of J, C. Symmes for alteration of boundary^ &€• 
\v,L, U. S.J7.495.] 

Be it known unto all men by these presents, that where- Contract r.e- 
as, in pursuance of certain resolutions of the United States citcii. 
in Congress assembled, bearing date respectively the twen- 
ty-third and twenty-seventh days of July, and the twenty- 
third day of October, one thousand seven hundred and eigh- 
ty-seven, or some of them, a contract was duly made and 
executed between Samuel Osgood, Walter Livingston, and 
Arthur Lee, esquires, commissioners of the board of treasury 
of the United States, of the first part, Jonathan Dayton and 
Daniel Marsh, esquires, of the second part, and John C. 
Symmes, esquire, for the third part, for the purchase and 
grant of a certain tract of land in the western country, ad- 
joining the river Ohio, beginning on the bank of the same 
river, at a spot exactly twenty miles distant along the seve- 
ral courses of the same, from the place where the Great 
Miami empties itself into the said river Ohio ; from thence, 
extending down the said river Ohio, along the several 
courses thereof to the Great Miami river; thence, up the 
said river Miami, along the several courses thereof, to a 
place whence a line drawn due east, will intersect a line 
drawn from the place of beginning aforesaid, parallel with 
the general course of the Great Miami river, so as to in- 
clude one million of acres within these lines and the said 
rivers ; and from that place upon the said Great Miami river, 
extending along such lines to the place of beginning, con- 
taining, as aforesaid, one million of acres, to be granted to 

'"'The tract of land designated by this act, is bounded on the north by a 
parallel of latitude, extentling from the most northerly source of the Little 
Miami to the Groat Miami, and is tsually called *' Ludlow'* survey.'* 



28 JOHN CLEVES SYMMES' PURCHASE. 

llie said John Cleves Symmes and his associate?, their heirs, 
and assigns, upon certain terms and conditions, as in and by 
the said contract, bearing date the fifteenth day of May, 
one thousand sev^n hundred and eighty-eight, reference be- 
ing thereunto had, -vvill fully appear. 

And whereas, by an act of the Congress o( the United 
AetofCon- States, bearing date the twelfth day of April, one thousand 
grcsrs recited, seven hundred and ninety-two, entitled "An act for ascertain- 
ing the bounds of a tract of land purchased by John Cleves 
Syfnmes," the President of the United States was authorized, 
at the request of the said John Cleves Symmes, to alter the 
said contract, made betAvecn the said late board of treasury, 
and the said John Clever Svmmes, in such manner that the 
said tract may extend from the mouth of the Great Miami to 
the mouth of the Little Miami, and be bounded by the river 
Ohio on the south, hy the Great Miami on the west, by the 
Little Miami on the east, and by a parallel of latitude on the 
north, extending from the Great Miami to the Little Miami, 
so as to comprehend the proposed quantity of one million of 
acres: Provided^ That the northern limits of the said tract 
shall not interfere with the boundary line established by the 
treaty of fort Harmer, between the United States and the 
Indian nations: And provided also, That the President re- 
serve to the United States such lands at and near fort Wash- 
ington, as he may think necessary for the accommodation of 
a garrison at that fort, as in and by the said act, reference 
thereunto had, will fully appear. Now these presents wi<- 
Syuimcs' re- ness, thcit I, the said J.. C. Symmes, have requested, and here- 
xixiest to alter by do request, the President of the United States, that the 
contract. said contract, so as aforesaid made by the said commissioners 
of the late board of treasury, on behalf of the said United 
States, on the one part, and of the said John Cleves Symmes, 
by my said agents Jonathan Dayton, and Daniel Marsh, on 
behalf oi myself and my associates, of the other part, be al- 
tered, so as to include only the last mentioned tract, butted, 
bounded, and described, as in the said act of the Congre:» 
aforesaid, subject to the same conditions and with the same 
limitations, as in the said contract and act of Congress are ex- 
pressed, is set forth; and also, subject to the reservation of 
the quantity of fifteen acres, being for the accommodation of 
fort Washington and the garrison thereof, and including the 
said fort in such part of the said tract, as the President of the 
United States sha^l find convenient and suitable for military 
purposes, and shall cause to be located therefoi', and furthef 
subject to the reservation of one mile square, at or within 
four miles of the mouth of the Great Miami, to be located by 
such person as the President of the United States shall ap- 
point for that purpose: Provided , That a law be passed, 
within the spare of two years from the date of these presents, 
to authorize the last mentioned reservation and locution; and 



la 111 

con- 
tract. 



JOHN CLEVES SYMMEs' PURCHASE. 29 

limi the President of the United States shall appoint a per- 
son to make guch location within the space of one year after 
such law shall be passed: And provided also^ That the same 
law shall authorize the President to make, and the President 
shall make and execute to the said John Cleves Symmes and 
his associates, his and their heirs, \yithin the last mentioned 
term of one year, a grant and a release of the aforesaid fif- 
teen acres reserved for the use and accommodation of fort 
Washington and the garrison thereof; and I do hereby, for Quit claim to 
myself and my associates, and our heirs, remise, remit, and the land. 
quit claim, unto the said United States, all right, title, intc- Jl?^,.^'^'^ 
rest, claim and demand whatever, in and to so much of the 
lands contained and included within the bou^nds and limits 
described in the said first mentioned contract, as is not con-r 
tained, meant, and intended to be contained and included, 
within the bounds and limits secondly above mentioned. 



[Aci of May bih^ 1792, 2 r. L, U, 5. p, 2G7.] 

Sec. 1. That the President of the United States be, and President au- 
he hereby is, authorized and empowered to issue letters ^^-^li--'^^ to 
patent, in the name and under the seal of the United States, f^'jl^^i''' ''''''' 
thereby granting and conveying to John Cleves Symmes and Symmes, ko^ 
his associates, and to their heirs and assigns, in fee simple, 
such number cf acres of land as the payments already made 
by the said John Cleves Symmes, his agents, or associates, 
under their contract of the fifteenth day of October, one 
thousand seven hundred and eighty-eight, will pay for, esti- 
mating the lands at two-thirds of a dollar per acre, and mak- 
ing the reservations specified in the said contract. 

Sec. 2. " Tha:t the president be, and he hereby is, further President au- 
authorized and empov/ered, by letters patent as aforesaid, to tborized to 
grant and convey to the said John Cleves Symmes, and liis otw tracT 
associates, and to their heirs and assigns, in fee simple, one kc. ' 

other tract of one hundred and six thousand eight hundred 
and fifty-seven acres, with the reservations as aforesaid: 
Provided^ That the said John Cleves Symmes, or his agents. Proviso. 
or associates, or any of them, shall deliver to the secreta- 
ry of the treasury, within six months, warrants which issued 
for army bounty rights, sufficient for that purpose, according 
to the provision of the resolve.':, of Congress of the twenty- 
third of July, and second cf October, one thousand seven 
hundred and eightv-scven; but in case so many warrants 
should not be delivered, ^hen the letters patent, last afore- 
said, to be given for such number of acres as shall be in pro- 
portion to the wvarrants so delivered. 

Sec. 3. That the president be, and he is hereby, autho- President to 
rized and einpowered, by letters patent as aforesaid, to grant '^^°^'^>' ^ 



30 JOHN CLEVES SYMMES' 

foAvnship in and convey unto the said John Cleves Symmes, and his asso- 
academv!^^ ciates, their heirs and assigns, in trust, for the purpose of es- 
tabhshing an academy, and other pubhc schools and semina- 
ries of learning, one complete township, conformably to an 
order of Congress of the second of October, one thousand 
seven hundred and eighty-seven, made in consequence of the 
application of the said John Cleves Symmes, for the purchase 
of the tract aforesaid. 

Sec. 4 That the several quantities of land, to be granted 
The land and conveyed as aforesaid, shall be included and located 
granted, to be^^-;thij^ such limits and lines of boundary as the President 
located ajj-rcc- . ^ i. , ii , , i .1 . i/vi 

ably to act of TOay judge expedient, agreeably to an act passed the tvrelfth 

12th April, day of April, one thousand seven hundred and ninety-twol, 
1-792. u(qy ascertaining the bounds of a tract of land purchased by 

John Cleves Symmes.^' 



[Jokii Cleves Symmes' Patent^ 1 r. L. U, S, p. 497.} 

Receipt of Know ye, that ^'^hereas it appears to me, George Washing- 

monies, &c. ton. President of the said United States, that John Cleves 
acknoiviedg- Symmes, in behalf of himself and his associates, in pursuance ■ 
cite?. ^^ ^^"of a contract made and executed on the fifteenth day of Octo- 
ber, one thousand seven hundred and eighty-eight, between 
Arthur Lee, Walter Livingston, and Samuel Osgood, com- 
missioners of the board of treasury, and Jonathan Dayton 
and Daniel Marsh, and the said John Cleves Symmes, hath 
paid into the treasury of the United States the sum of one 
hundred and sixty-five thousand six hundred and ninety-three 
dollars and forty- two cents, in certificates and warrants for 
military rights to lands: whereby, and by virtue of the act 
of the Congress of the United States, entitled "An act au- 
thorizing the grant and conveyance of certain lands to John 
Cleves Symmes, and his associates," passed the fifth day of 
May, one thousand seven hundred and ninety-two, the said 
John Cleves Symmes, and his associates, are become entitled 
to receive from the United States letters patent, granting and 
conveying to him and them, two hundred and forty-eight 
thousand five hundred and forty acres of land: And whereas, 
in and by the said contract, it was stipulated and agreed, by 
and between the said Arthur Lee, Walter Livingston, and 
Samuel Osgood, commissioners on the part of the United 
States, and the said Jonathan Dayton and Daniel Marsh, 
and the said John Cleves Symmes, that out of each township, 
which should fall within the grant to be made to the said 
John Cleves Symmes, and his associates, a reseiTation should 
be made to the United States, of the four lots, marked 8, 11, 
26 and 29, for such purposes as shall, by the Congress of the 
United States, be directed j an4 lot No. 16, for the maintc: 



JOHN CLEVES SYMMCS' PURCHASE. ^J 

nanc€ of public schools, the same being pursuant to the regu- 
lations contained in an ordinance of the United States in 
Congress assembled, bearing date the twentieth day of 
May, one thousand seven hundred and eighty-five: And 
whereas, in and by the aforesaid act of Congress of the United ^i^^d!''^''''^ '*^' 
States, passed the fifth day of May, one thousand seven hun- 
dred and ninety-two, the president of the United States 
was authorized and empowered by letters patent, to grant 
and convey unto the said John Cleves Symmcs, and his asso- 
ciates, their heirs, and assigns, in trust for the purpose of estab- 
lishing an academy, and other public schools and seminaries of 
learning, one complete township, conformably to an order of 
Congress, made the second day of October, one thousand 
seven hundred and eighty-seven: And whereas, it appears 
expedient to reserve to the United States, out of the tract of 
land hereby intended to be granted, the quantity of fifteen 
acres of land, for the accommodation of fort Washington and 
the garrison thereof, including the said fort; and also, a 
quantity of land equal to one mile square, at or near the 
mouth of the Great Miami river, to be located as hereafter 
mentioned. 

Now these presents t-estify, that I, the said George Wash- '^^act grante«J 
ington. President of the United States, in the name and by the ° * ^ "^nies. 
authority of the said United States, in consideration of the 
premises, in pursuance of the said act of the Congress of the 
United States, passed the fifth day of May, 1792, and by virtue 
of the authority thereby in me reposed, have granted and con- 
firmed, and by these presents do grant and confirm, unto the 
said John Cleves Symmes, and his associates, and to his and 
their heirs and assigns, all that tract of land, beginning at the 
mouth of the Great Miami river, and extending from thence, 
along the river Ohio, to the mouth of the Little Miami river, 
bounded on the south by the said river Ohio, on the west by 
the said Great Miami river, on the east by the said Little river 
Miami, and the north by a parallel of latitude, to be run 
from the said Great Miami river to the said Little Miami 
river, so as to comprehend the quantity of three hundred and 
eleven thousand six hundred and eighty-two acres of land, 
with the appurtenances, reserving to the United States, out 
of the said tract, the quantity of fifteen acres of land, for the 
accommodation of fort Washington and the garrison thereof, 
including the space of ground occupied by the said fort, to 
be located in such part of the said tract, and by such person, 
as the President of the United States shall direct; and also, 
reserving out of the said tract, a quantity of land equal to one 
mile square, at or near the mouth of the said Great Miami 
river, to be located by such person as the President of the 
United States shall appoint for that purpose: Provided. Y^^yi^^,^ 
That a law be passed by the Congress of the United 
States to authorize the jjame, within thq, space ©f two yeny$ 



JOHN" CLEVES SYMMES' PURCHASE. 

from aixi after the date of these presents; and that the Presi- 
dent of the said United States shall appoint a person to make 
such location, within one year after such law shall be passed, 
Proviso. and not othen\ase: And provided also ^ That the same law 

shall authorize the President of the United States to make, 
and the President of the United States shall make and exe- 
cute to the said John Cleves Symmes, and his associates, their 
heirs, and assigns, a grant and release of the aforesaid fifteen 
acres, reserved for the use and accommodation of fort Wash- 
ington and the garrison thereof; and also reserving to the 
said United States, out of each township, contained in the 
said tract, the following lots, viz : lot No. 16, for the purposes 
mentioned and specified in the ordinance of the United States 
in Congress assembled, passed on the twentie-th day of May^ 
one thousand seven hundred and eig;hty-five ; lot No. 29, for 
the purposes of religion; and lota N^. 1 1, No. 8, and No. 26, 
for such purposes as the Congress of the United States shall 
hereafter direct: To have and to hold the said tract of land-^ 
bounded and described as aforesaid, with the appurtenances, 
to the said John Cleves Symmes, and his associates, his and 
their heirs and assigns, to hie and their proper use and behoof 
forever, according to their respective rights and interest 
therein; upon this condition, however, and not otherwise, 
that the said John Clevis Symmes, and hi's associates, his and 
their heirs and assigns, shall and do cause the said parallel of 
latitude, forming the northern boundary of the tract herein 
before described, to be truly run, sun^eyed, and laid out, 
and return thereof made to the secretary of the treasurj , for 
the time being, within the space of five years, from and after 
the date of these presents; otherwise, as well these presents, 
as the estate hereby granted, shall cease and become void: 
which parallel of latitude shall be run from certain points or 
Stations, which shall have been ascertained and fixed by 
Israel Ludlow, upon the said Great and Little Miami rivers, 
according to a survey by him made, of the courses of the 
said I'ivers, under the direction of the department of the 
treasury, and heretofore certified to that department, by a 
certificate, bearing date the twenty-fourth day of March, ■ 
seventeen hundred and ninety-four, and in pursuance of the 1 
said act of the Congress of the United States, herein before 
mentioned, passed the fifth day of May, one thousand seven 
hundred and ninety-two: It is hereby declared, that one 
complete township or tract of land, of six miles square, to be ^ 
located with the approbation of the governor, for the time f 
being, of the territory northwest of the river Ohio, and in the 
mariner, and within the term of five years aforesaid, as nearly 
as may be, in the centre of the tract of land herein before 
granted, hath been and is granted, and shall be holden in 
trust, to and for the sole and exclusive intent and purpose of 
erecting and establishing therein an academy and other pub- 



PURCHASEi 

lie scliools nnd seminaries of learning, and endowing and 
supporting tlie Same, and to and for no other use, intent, or 
purpose whatever. 

Jn testimony whereof, I have caused these letters to be 
made patent, and the seal of the United States to be 
hereunto affixed* 
Given under my hand, at the city of Phila-dclphia, the 
thirtieth day of September, in the year of our Lord 
one tliousand seven hundred and ninety-four, and of 
lie independence of the United States of America 
the nineteenth. 

GEO. WASHINGTON. 
By the president, 

EPMUND RANDOLPH. 



33 



r 1 or 



l^Suh-'Uvision of Ltidloriys s^drcnj not inchided in Symmes''^ patent^ 
March 3, 1801, 3 v, L, V. S, p, 431.] 

Sec. 7. That all the aforesaid tract of country shall be 
surveyed by (he surveyor general, as soon as may be, after 
the first day of September next, in tlie manner herein after 
directed: 

1 . So much of the said tract as lies between the northern Part to be lal5 
boundary line, and the aforesaid patent of John Cleves oif into sec- 
Symmes, and associates, and Israel Ludlow's southern boun- ^^^^^* 

dary of the seventh entire range of townships, shall be laid 
off into sections, agreeably to northwardly and southwardly 
lines, run under the direction of John Cleves Symmes; and 
the marks thereon m.ade, at the time of running the afore- 
said lines, for the corners oi sections, shall be established 
by the surveyor general ; and eastwardly and westwardly 
lines shall be run to intersect the aforesaid northwardly 
7\ni\ southwardly lines, in the corresponding marked points* 

2. And the residue of the said tract, lying north of the j^ppj^^g^^l^g 
aforesaid southern boundary of the seventh entire range, laid off ac- 
shall bo laid off into sections, according to such uniform rule cordinj^ to 
and method as, in the opinion of the surveyor general, shall ^'(J^^F^urvev* 
best secure the rights and interest of those who are entitled or general. 
to pre-emption. 

3. Such divisions shall be made of sections, according to 
the claim of such who obtain pre-emption right; and the 
contents of each and every section, and such division thereof, 
shall be ascertained, and the surveyor general shall prepare 
and transmit a plan thereof to the aforesaid register, imme- 
diately after the said survey shall be completed, and also 
forward a copy thereof to the secretary of the treasury. 

Sec. 8. That all persons availing themselves of a pre-rpj^g purchas- 
cmption under this act, shall make application for a sjcction, ©r shall wakd 

E 



34 X>HN CLEVES 

payment for or any part or parts of a section or sections, according to the 
quantUyex- estimated quantity of six hundred and forty acres to a sec- 
pressed in the tion. and the amount of the excess or deiiciency shall he 
returned added to or deducted from the last payment, and the pur- 
plats, chaser shall make payment for and hold the quantity returned 
and expressed in the plats, let the quantity be more or less.'^ 

*By the act of March 2, 1799, ^ vol. L. U. S. p. 264, sec. 1, persons 
■who made written contracts with J. C. Syrnmes, prior to 1st April, 1797, 
and whose lands are not comprehended in his patent, to have a pre- 
ference at two dollars per acre. Sec. 2. Persons to give notice. Failing- to 
give notice, or to make first payment, pre-emption right to cease. Sec. 3. 
The eurvej^or general to survey the lands. Sec. 4. The secretary of the 
treasury to credit purchaser Avith the sum OApcnded in surveying. Sec. 5. 
The evidence of public debt to be received in payment, agreeably to act o^ 
March .^ 1797. 

The act of 3d March, 1801, 3 vol. L. U. S. p. 428, sec. 1, gives a pre- 
ference to persons who, before the 1st Jan. 1800, had made contracts in 
writing, &e. with Symmes, or his associates, or M'ho had paid to him or 
them money for land situate in Ludlovv'^'s survey. Sec. 2. Persons claim- 
ing the benefit of this act, to deliver a written notice to the receiver at 
Cincinnati. Neglecting to give notice, to forfeit right of pre-emption. 
Sec. 3. The receiver to receive notice and give a receipt. Sec. 4, The re- I 
' ceiver, and two other persons to be ap})ointed by the President, to be com- I 

missioners to ascertain rights of claimants. They, or any two of them, shall 
have power to hear and decide all matters, ^-c. relative to such claims; to 
give a certificate directeil to the register, to record copies, fcc. Sec. 5. 
The register and survey or general, to permit persons producing certificate 
and receipt from treasurer, to become purcliasers, &c. Sec. 6. The re- 
ceiver to receive of claimants the following fees: For filing notice, &;c. 25 
.cents; 12^ cents for every hundred words of copy. The claimant shall 
pay commissioners at the rate of $3 for ever}' section. Sec. 9. The duties 
of register and surveyor, shall be the same as directed by act of 10th Maj", 
lolO, 3 vol. L. U. S. p. 385. Sec. 10. After completing surveys, and re- 
serving section No. 16, thcresidue of the lands shall be sold,&c. 

Act of May 1, 1802, 3 vol. L. U. S. p. 502, sec. 1, continues in force the 
act of 3d March, 1801, until the first day of March, 1803. Sec. 2. The 
provisions of said act extended to persons claiming lands by purchase 
of Symmes, or associatee, without the limits of Ludlow's survey, prior to 1st 
January, 1800. Sec, 3. Persons who have not obtained certificates shall, ' 
before tlie 1st of November, give notice^ &c. The commissioners to meet at 
Cincinnati, on the second Monday of November next, &c. Sec. 4. Thosft 
who obtain pre-emptions to have until 1st January next, to make the first 
payment. 

Act of 3d March, 1803, 3 vol. L. U. S. p. 555, sec. 7, permits persons 
who have certificates to make the first payment by the 10th of April next, &c. 

The act of 26th I\Iarch, 1804, 3 vol. L. U. S. p. 599, Sec. 7, continues in 
force the provisions of the act of May 1st, 1802,3 vol. L. U. S. p. 502, until 
the 1st day of June next. The register and receiver to perform the du- 
ties of the comniissiontrs. No certificate of pre-emption to be granted except 
in favor of persons who, prior to JanuiVry 1, 1800, had made writteu 
contracts, and unless one twentieth of the purchase money shall be ad- 
vanced, or paid prior to 1st January next. Persons who obtain pre-emption,, 
allowed until the 1st of January to make payment of the first instalment. 
Persons who have made improvements prior to 1st April last, Szc. entitled 
to pre-cm])tion, if tlie improvements, by running tlie lines, fall into 
another section or half section. Sec. 8. Persons who have paid, or shall ]iay 
first instalment before 1st January next, permitted to pay the residue in 
fix annual equal payments. 

The act of March 3d, 1803, 3 vol. L. U. S. p. 541, sec. 5, authorizes the 
attorney general to locate and accept from Symmes, one complete township 
for an academy, or take measures to compel an execution of the trust. 
SymmcSj and ]iis,aa»sociales, to bcrcleasedou payinciit of $15,360. 



Salr.^ ot wmut %mi^^ in ©tu'o. 



I4d of 18//i Mai/, 1796, 2 V, L. U, S, p. 533.] 

Sec. 1. That a surveyor general shall be appointed, a smrsjor 
whose duty it shall be to engage a sufficient number of skil- &<^ncral to be 
ful surveyors, as his deputies; whom he shall cause, with-^^"^°^ 
out delay, to survey and mark the unascertained outlines of 
the lands lying northwest of the river Ohio, and above the 
mouth of the river Kentucky, in Avhich the titles of the In- 
dian tribe? have been extinguished, and to divide the same 
in the manner hereinafter directed; he shall have ^^ithority His powei^ 
to frame regulations and instructions for the government of over his depiL? 
his deputies; to administer the necessarv oaths, upon their ^^^• 
appointments; and to remove them for negligence or mis- 
conduct in office. 

Sec. 2. That the part of tlie said lands which has not Rule ofdivi- 
been already conveyed by letters patent, or divided, in pur--^o^^^^^^^^«' 
suance of an ordinance, in Congress, passed on the twentieth 
of May, one thousand seven hundred and eighty-five, or 
which has not been heretofore, and, during the present ses- 
sion of Congress, may not be, appropriated for satisfying mi- 
litary land bounties, and for other purposes, shall be divided 
by north and south lines, run according to the true meridian 
and by others crossing them at right angles, so as to form, 
townships of six miles square, unless wh^re the line of the late 
Indian purcliase, or of tracts of land heretofore surveyed or 
patented, or the course of navigable rivers, may render it 
impracticable; and then this rule shall be departed from na 
further than such particular circumstances may require* 
The corners of the townships shall be marked with progres-(^Qj.„Qy, ^^ 
sive numbers, from the beginning: each distance of a mile townships 
between the said corners shall be also distinctly marked, ^^ow markcdv 
with marks different fiom those of the corners. One-half of 
the said townships taking them alternately, shall be sub-di-Half oftown- 
vided into sections, containing as nearly as may be, six hun-shiptobe sub- 
dred and forty acres each, by running through the same, ^^^J^^^^ ^"*^ 
each way, parallel lines, at the end of every two miles- and ' 

*See extract frorii the original charters of Virginia, under title "Virginia 
Military Bounties," &:c. Virginia Chancery Rev. 214; resolution of Con- 
gress, of May 20, 1783; of July 2 Jd, 1787; and under title "Ohi^j Com"- 
pyjij's Purchase," 1 vol. L. U. S. 5(j'^, 569j 5.7'J. 



Ob SALES OF PUBLIC LANDS IN OHIO, 

by marking a corner, on each of the said lines at the end of 
every mile ; the sections shall be numbered, respectively, be^ 
ginning with the number one, in the northeast section, and 
proceeding west and east alternately, through the township, 
with progressive numbers, till the thirty-sixth be completed. 
Sections how And it shall be the duty of the deputy surveyors, respectively, 
yiaiKed. ^^ cause to be marked, on a tree near each corner, made as 
aforesaid, and vvithin the section, the iKrmber of such sec- 
tion, and over it the number of the to-tynsliip within which 
such section may be; and the said deputies shall carefully 
note, in their respective field books, the names of the corner 
trees marked, and the numbers so made: the fractional parts 
of townships shall be divided into sections, in manner afore- 
said, and the fractions of sections shall be annexed to, and 
sold with, the adjacent entire sections. All lines shall be 
plainly marked upon trees, and measured with chains, con- 
Line^ hcrtv taining two perches of sixteen feet and one-half each, sub- 
Dieasurcd and jjyj^Q^ iJ^to tweiity-live equal hnks, and the chain shall be 
adjusted to a standard to be kept for that purpose. Every 
sijrveyor shall note in his field book, the true situations of all 
mines, salt licks, salt springs, and mill seats, which shall 
come to his knowledge 5 all water courses, over which the 
line he runs shall pass ; and also the quality of the lands : these 
field books shall be returned to the surveyor general, who 
shall therefrom cause a description, of the whole lands survey- 
ed, to be made out and transmitted to the officers who may 
superintend the sales: he shall also cause a fair plat to be 
made of the townships, and fractional parts of townships, 
contained in the said lands, describing the sub-divisions 
thereof, and the marks of the corners. This plat shall be 
recorded in books to be kept for that purpose; a copy thereof 
shall be kept open at the surveyor general's office for public 
information ; and other copies sent to the places of sale, and 
to the secretary of the treasury. 

Sec. 3. That a salt spring lying upon a creek which 
B-eservations. empties into the Scioto river, on the east side, together with 
as many contiguous sections as shall be er^al to one town- 
ship, and every other salt spring which may be discovered, 
together with the section of one mile square Avhich includes 
it, and also four sections at the centre of every township, con- 
taining eac^h one mile square, shall be reserved for the future 
disposal of the United States: but there shall be no reser- 
vations, except for salt springe^, in fractional townships where 
the fr«ic(ion is less than three-fourths of a township. 

Sec, 4. Th.at, whenever seven ranges of townships shall 
\Vhenevpr ^^ve been surveyed below the Great IMiami, or between the 
ffivon ranges Scioto river and the Ohio Company's Purchase, or between 
shall be sm-- (j^e southern boundary of the Connecticut clahns and the 
tiomshall be r^^g^^^ already laid off, beginning upon the Ohio river and 
pfftTod for sale extending weir.t\tardly, and the plats thereof made and trariTS-; 



SALES OF PUBLIC LANDS IN OHIO. 07 

mitted, in conformity to the provisions of this act, the said atCincinnati, 
sections of six hundred and forty acres (excluding those ^ ^^ ^^^^ ^^' 
hereby reserved) shall be offered for sale, at public vendue, 
under the direction of the governor, or secretary of the west- 
tern territory, and the surveyor general; such of them as lie 
belov^^ the Great Miami shall be sold at Cincinnati; those of 
them which lie between the Scioto and the Ohio Company's 
Purchase, at Pittsburg; and those between the Conneclirut 
claim and the seven ranges, at Pittsburg. And the townships 
remaining undivided shall be offered for sale, in the same 
manner, at the seat of government of the United States, un- 
der the direction of the secretary of the treasury, in tracts of 
one-quarter of a township, lying at the corners thereof, ex- 
cluding the four central sections, and the other reservations 
before mentioned: Provided ahvays^ That no part of the 
lands directed by this act to be offered for sale, shall be sold 
for less than two dollars per acre. 

Sec. 5. That the secretary of the treasury, after receiv- Notice of sale 
ing the aforesaid plats, shall forthwith give notice, in one ^^ =* 
newspaper in each of the United States, and of the territories 
northwest, and south, of the river Ohio, of the times of sale ; 
which shall, in no case, be less tlian two months from the date 
of the notice ; and the sales, at the different places, shall not 
comnaence within less than one month of each other: and 
when the governor of the western territory, or secretary of 
the treasury, shall fmd it necessary to adjourn, or suspend, 
the sales, under their direction, respectively, for more than 
three days, at any one time, notice shall be given, in the pub- 
lic newspapers, of such suspension, and at what time the sales 
will recommence. 

Sec. 6. That, immediately after the passing of this act, Lands rc- 
the secretary of the treasury shall, in the manner herein be- maining un- 
fare directed, advertise for sale the lands remaining unsold ^^^^ "^ ^^^^ 
in the seven ranges of townships, which were surveyed '^r^Tohciiscoi^ 
pursuance of an ordinance of Congress, passed the twentieth tainecTan^ 
of May, one thousand seven hundred and eighty-hve,"^ includ- ^oi-i, 
ing the lands drawn for the army by the late secretary of war, 
and also those heretofore sold, but not paid for; the townships 
vrhich, by the said ordinance, are directed to be sold entire, 
shall be offered for s^e at public vendue, in Philadelphia, 
under the direction of the secretary of the treasury, iii 
quarter townships, reserving the four centre sections ac- 
cording to the directions of this act. The townsliips v/liich, 
by the said ordinance are directed to be sold in sections, 
shall be offered for sale at public vendue, in Pittsburg, 
under the direction of the governor or secretary of the 
western territory, and such person as the President may 
specially appoint for that purpose, by sections of one mile 

*^See 1 vol. L. U. S. p. 5«;>. 



38 SALES OF PUBLIC LANDS IS OHIO, 

square each, reserving the four centre secti'ons as aforcsai(i ; 
and all fractional townships shall also be sold in sections, at 
Pittsburgh, in the manner and under the regulations, provid- 
ed by this act, for the sale of fractional townships: Provided 
alzDoys^ That nothing in this act shall authorize the sale of 
those lots which have been heretofore reserved in the town- 
ships already sold* 

dCT to dc^'os"- ^^^' '^' '^^^^ ^^^^ highest bidder for any tract of land, 
itel-20thof' ^^^^ ^J Virtue of this act, shall depoftite, at the time of sale, 
the purchase one-twentieth part of the amount of the purchase monev; 
jnoaey. to ^^^ forfeited, if a moiety of the sum bid^including the said 

twentieth part, is not paid within thirty days, to the treasurer 
of the United States, or to such person as shall be appointed 
by the President of the United States, to attend the places 
Upon pay- of sale for that purpose ; and upon payment of a moiety 
moietY mir- ^^ *^^^ purchase money, within thirty days, the purchaser 
chascrto have shall have one year's credit for the residue; and shall re- 
a yearns credit ceive from the secretary of the treasury, or the governor of 
far residue, ^j^^ western territory, (as the case may l3e) a certificate de- 
scribing the land sold, the sum paid on account, the balance 
remaining due, the time when such balance becomes paya- 
ble : and that the whole land sold will be forfeited, if the 
said balance is not then paid; but that if it shall be duly dis- 
charged, the purchaser, or his assignee, or other legal repre- 
sentative, shall be entitled to a patent for the said lands: 
and on payment of the said balance to the treasurer with- 
in the specified time, and producing to the secretary of 
Fatenfs to i=- ^^^^^ ^ receipt for the same, upon the aforesaid certificate, 
sue upon fintil the President of the United States is hereby authorized 
paviii£Rt. to grant a patent for the lands to the said purchaser, his 
heirs or assigns: and all patents shall be countersigned by 
the secretary of state, and recorded in his office."* But if 
there should be a failure in any payment, the sale shall be 
void, all the money theretofore paid on account of the purchase 
shall be forfeited to the United States, and the lands thus sold 
shall be again disposed of, in the same manner as if a sale had 
never been made: Provided^ ncccrthehss^ That should any 
purchaser make payment of the whole purchase money, at 
the time when the pa3'ment of the first moiety is directed to 
be made, he shall be entitled to a deduction of ten per cent, 
on the part for which a credit is hereby directed to be given ; 
and his patent shall be immediately issued. 
Books to bo Sec. 8. That the secretary of the treasury, and the gov- 
kept, in which ernor of the territory northwest of tlie river Ohio, shall, re- 
^^^l^l h! ^^^^' spectivcly^ cause books to be kept, in Avhich shall be regularly 
' entered, an account of the dates of all the sales made, the 
situation and numbers of the lots sold, the price at which 
each was struck off, the nwiiey jflcpQsited at the time of sakv 

*Scc 4 r. L; rs. S. p. 4;«. 



SALES OF PUBLIC LANDS fN OSIO. 39 

and the dates of the certificates granted to the different pur- 
chasers. The governor or secretary of the said territory 
i^hali, at every suspension or adjournment, for more than 
three days, of the sales under their direction, transmit to the 
-secretary of tiie treasury a copy of the said hooks, certified 
to have been duly examined and compared with the original. 
And all tracts sold under this act shall he noted npon the 
general plat, after the certificate has been granted to the 
purchaser. 

Sec. 9. That aTl navigahle rivers, within the territory to^^^vi-ableriv- 
be disposed of by virtue of this act, shall be deemed to be, j^c jj^ ^^vaysr 
and remain, public highways:* and that in all cases, where 
the opposite banks of any stream, not navigable, shall belong 
to dilFerent persons, the stream and the bed thereof shall 
become common to both. 

Sec. 10. That the survevor general shall receive, for his, ^'^'^P™'^- . 
.1 "i 1 11 1 .1 , tion ol survey- 

-compensation, two thousand dollars per annum ; and that or general, 

the President of the United States may fix the compensation 
of the assistant surveyors, chain carriers, and axe men: Pro- 
vided^ Tliat the whole expense of surveying and marking gyj.ygyjjj^^ 
the lines, shall not exceed three dollars per mile, for every 
mile that shall be actually run or surveyed. 

Sec. 1 1 . That the following feest shall be paid for the ser- Fees for serri- 
vices to be done under this act, to the treasurer of the United ^^°- 
States, or to the receiver in the western territory, as the 
case may be: for each certificate, for a tract containing a 
quarter of a township, twenty dollars; for a certificate for 
a tract containing six hundred and forty acres, six dollars; 
and for each patent for a quarter of a township, twenty 
dollars; for a section of six hundred and forty acres, six dol- 
lars: and the said fees shall be accounted for by the receiv- 
ers, respectively. 

Sec. 12. That the surveyor general, assistant surveyors, Officers to 
and chain carriers, shall, before they enter on the several t^?^^ ^" ^^^^^'' 
duties to be performed under this act, severally, take an 
oath, or Sif^rmntion, faithful ly to perform the same: and the 
person to be appointed to receive the money on sales in the 
western territory, before he shall receive any money under 
this act, shall give bond, with sufficient security, for the 
faithful discharge of his trust: that for receiving, safe keep- 
ing, and conveying to the treasury, the money he may re^ 
eeive, he shall be entitled to a compensation, io be hereafter 
fixed. 

*Quere. Wliatis navigable and what not? A o:rcat many of the larger 
-streams in Ohio, have not been included in public survej». It has been suf»- 
j)o3ed that such arc common public highways. 

filtered— Sec 3 v. L. U. S. p. 38^, i\),^96_. 



40 



SALES OF PUBLIC LANDS IN Omo. 



Four Land 
Offices to be 
e^tablisxhcd. 



Surveyor io 
send plats to 
registers. 



Townships 
west of the 
Muskingum 
to he sub- 
divided. 



interior lines 
to be vnn an' 
marked. 



[Act of 10th May, 1800, 3. v. L. U. S, p. 385.] 

Sec. 1 . That, for the disposal of the lands of the United 
States, directed to be sold by the act, entitled "An act pro- 
viding for the sale of the lands of the United States, in the 
territory northwest of the Ohio, and above the mouth of Ken- 
tucky river," there shall be four land offices established in the 
said territory: One at Cincinnati, for lands below the Little 
Miami, which have not heretofore been granted; one at 
Chillicothe, for lands east of the Scioto, south of the lands 
appropriated for satisfying military bounties to the late army 
of the United States, and west of the fifteenth range of town- 
ships ; one at Marietta,* for tjie lands east of the sixteenth 
range of tov/nships, south of the before mentioned military 
lands, and south of a line drawn due west from the north- 
west corner of the first township of the second range, to the 
said miUtary lands; and one at Steubenviile, for the lands 
ixorih of the last mentioned line, and east or north of the said 
military lands: each of the said olHces shall be under the 
direction of an officer, to be called "The Register of the 
Land Office,"" who shall be appointed by the President of 
the United States, by and with the advice and consent of 
the senate, and shall give bond to the United States, with 
approved security, in the sum of ten thousand dollars, for 
the faithful discharge of the duties of his office; and shall 
reside at the place where the land office is directed to be 
kept. 

Sec 2. That It shall be the duty of the surveyor general, 
and he is hereby expressly enjoined, to prepare and trans- 
mit, to the registers of the several land offices, before the 
days herein appointed for commencingv sales, general plats 
of the ]ands hereby directed to be sold at the said offices, 
respectively, and also to forward copies of each of the said 
plats to the secretary of the treasury. 

Sec 3. That the surveyor general shall cause the town^ 
ships west of the Muskingum, which, by the above mention- 
ed act, are directed to be sold in quarter townships, to be 
sub-divided into half sections of three hundred and twenty 
acres each, as nearly as may be, hy running parallel lines 
through the same from east to west, and from south to north, 
at the distance of one mile from each other, and marking 
corners, at the distance of each half mile on the lines running 
from east to west, and at the distance of each mile on those 
running from south to north, and making the marks, notes, 
and descriptions, prescribed to surveyors by the above men- 
tioned act: and the interior lines of townships intersected 
^ by the Muskingum, and of all the townships lying east of that 
river, which have not been heretofore actually sub-dividcrl. 



<\Vltere('l— See 3 v. L. U. S. p. 555, sec. 5. 



SALES OF tUBLIC LANDS IN OHIO. >(il 

into sections, shall also be run and marked in the manner 
prescribed by the said act, for running and marking the in- 
terior lin'es of townships directed to be sold in sections of six 
hundred and forty acres each: and in all cases where the 
exterior lines of the townships, thus to be sub-divided into 
sections or half sections shall exceed, or shall not extend, six 
miles, the excess or deficiency shall be specially noted, and The excess or 
added to, or deducted from the western and northern r^i^ges ^^^^^^?^.*^^ ®^ 
of sections or half sections in such township, according as thet^ notod! 
error may be in running the lines from east to west, or from 
south to north; the sections and half sections bounded ou 
the northern and western lines of such townships shall be 
sold as containing only the quantity expressed in the returns 
and plats, respectively, and all others as containing the com- 
plete legal quantity: and the President of the United States 
shall fix the compensation of the deputy surveyors, chain 
carriers, and axe men: Provided^ The v/hole expense of sur- 
veying and marking the lines, shall not exceed three dollars 
for every mile that shall be actually run, surveyed, and 
marked. 

Sec. 4. That the lands thus sub-divided' (excluding tlie Lands to be 
sections reserved by the above mentioned act) shall be offer- ^^'^^^'^Z^''^^^® 
ed for sale in sections and half sections, sub-divided as before ^nd half 
directed, at the following places and times, that is to sav: — sectiortj. 
Those below the Little Miami shall be offered at public 
vendue, in the town of Cincinnati, on the first Monday of 
April, one thousand eight hundred and one, under the direc- 
tion of the register of the land office there established, and 
of either the governor or secretary of the nortli western 
territory: the lands east of Scioto, south of the mili- 
tary lands, and west of the fifteenth range of townships, 
shall be offered, in like manner, for sale at Chillicothe, 
on the first Monday of May, one thousand eight hundred and 
one, under the direction of the register of the land office, 
there established, and of either the governor or secretary of 
the said territory : the lands east of the sixteenth range of 
townships, south of the military lands and west of the Mus- 
kingum, including all the townships intersected by that river, 
shall be offered for ^ale, in like manner, at Marietta, on the 
last Monday of May, one thousand eight hundred and one, 
under the direction of the governor or secretary, or surveyor 
general, of the said territory. The sales shall remain open 
at each place for three weeks, and no longer. The superin- 
tendent shall observe the rules and regulations of the above 
mentioned act, in classing and selling fractional with entire 
sections, and in keeping and transmitting accounts of the 
sales. All lands remaining unsold, at the closing of either 
of the public sales, may be disposed of at private sale by the i^^^^ ^^^ 
registers of these respective land offices, in the manner herein maining uc- 
after prescribed ; and the register of the land office at Steu- sold may tie 

F 



42 SA^ES OF PUBLIC LANDS IN OHI©. 

disposed of at benville, after the first day of July next, may proceed to seH^ 
private sale. ^^ private sale, the lands situate within the district assigned to 
his direction, as hereinbefore described, disposing of the same 
^ in sections, and classing fractional with entire sections, ac- 

cording to the provisions and regulations of the above men- 
tioned act, and of this act: and the register of the land office 
at Marietta, after the said first day of July next, may pro- 
ceed to sell, at private sale, any of the lands within the dis- 
trict assigned to his direction as aforesaid, which are east 
of the river Muskingum, excluding the townships intersected 
by that river, disposing of the same in sections, and classing 
fractional with entire sections as aforesaid. 
Sm f^'V''^^ Sec. 5. That no lands shall be sold by virtue of tliis act, 
than ^2 per ^^ either public or private sale, for less than two dollars per 
acre. acre, and payment may be made for the same by all pur- 

chasers, either in specie, or in evidences of the public debt of 
the United States, at the rates prescribed by the act, enti- 
tled "An act to authorize the receipt of evidences of the pub- 
lic debt in payment for the lands of the United States," and 
shall be m.ade in the following manner, and under the fol- 
lowing conditions, to wit : 
Condt* n f !• At the time of purchase, every purchaser shall, ex- 
sale, clusively of the fees hereafter mentioned, pay six dollars for 
every section, and three dollars for every half section, he may 
have purchased, for surveying expenses, and deposit one- 
twentieth part of the amount of purchase money, to be forfeit- 
ed, if, within forty days, one-fourth part of the purchase 
money, including the said twentieth part, is not paid. 

2. One-fourth part of the purchase money shall be paid 
within forty days after the day of sale as aforesaid; another 
fourth part shall be paid within two years; another fourth 
part within three years ; and another fourth part within four 
years after the day of sale. 

3. Interest at the rate of six per cent, a year, from the 
day of sale, shall be charged upon each of the three last 
payments, payable as they respectively become due. 

4. A discount, at the rate of eight per cent, a year, shall 
be allowed on any of the three last payments, which shall be 
paid before the same shall become due, reckoning this dis- 
count always upon the sum which would have been demand- 
able by the United States, on the day appointed for such 
payment. 

5. If the first payment of one-fourth part of the purchase 
money shall not be made within forty days after the sale., 
the deposite, payment, and fees, paid and made by the 
purchaser, shall be forfeited, and the lands shall and may, 
from and after the day when the payment of one-fourth part 
of the purchase money should have been made, be disposed 
of at private sale, on the same terms and conditions, and in 
the sarme manner, as thq oiher lands directed by this acjt 



SALES OF PUBLIC LANDS m OHIO. 43 

to be disposed of at private sale: Provided, That the lands 
which shall not have been sold at public sale, and which 
shall, on account of such failure of payment, revert to the 
United States, shall not be sold at private sale for a price less 
than tlie price that shall have been otfcred for the same at 
p-ubjic sale. 

6. If any tract shall not be completely paid for within one Tracts not 
year after the date of the last payment, the tract shall be p^iifl for to be 
advertised for sale by the register of the land office within ''^''^^^^^°^"^*^ 
whose district it may lie, in at least five of the most public ' ' ' 

places in the said district, for at least thirty days before the 
time of sale: and he shall sell the same at public vendue, 
during the sitting of the court of quarter sessions of the coun- 
ty in which the land office is kept, for a price not less than 
the whole arrears due thereon, with the expenses of sale ; the 
surplus, if any, shall be returned to the original purchaser, or 
to his legal representative ; but if the sum due, with inte- 
rest, be not bidden and paid, then the land shall revert to the 
United States. All monies paid therefor shall be forfeited, 
and the register of the land office may proceed to dispose of 
the same to any purchaser, as in case of other lands, at pri- 
vate sale. 

Sec. 6. That all and every the jmyments, to be made by 
virtue of the preceding section, shall be made either to theTo^^'hom 
treasurer of the United States, or to such person or officer payment is tfi 
as shall be appointed by the President of the United States, ^^ ™^'^- 
with the advice and consent of the senate, receiver of public 
monies for lands of the United States, at each of the places, 
respectively, where the public and private sales of the said 
lands are to be made ; and the said receiver of public mon- 
ies shall, before he enters upon the duties of his office, give 
bond, with approved security, in the sum of ten thousand 
dollars, for the faithful discharge of his trust; and it shall be 
the duty of the said treasurer, and receiver of public mon- 
ies, to give receipts for the monies by them received, to the 
persons respectively paying the same; to transmit, within 
thirty days, in case of public sale, and quarterly, in case of 
private sale, aa account of all the public monies by them re- 
ceived, specifying the amount received from each person^ 
and distinguishing the sums received for surveying expenses, 
and those received for purchase money, to the secretary of 
the treasury, and to the registers of the land office, as the 
case may be. The said receivers of public monies shall, 
within three months after receiving the same, transmit the 
monies by them received to the treasurer of the United 
States; and the receivers of public monies for the said Receivers 
sales, and also the receivers of public monies for the sales bond and 
which have taken place at Pittsburg, under the act, entitled compensa- 
''An act providing for the sale of the lands of the United 
States in the territory northwest of the Ohio, and above the 



44 ' SALES OF PUBLIC LANDS IN OHIO. 

mouth of Kentucky river," shall receive one per cent, ©n 
the money received, as a compensation for clerk hire, receiv- 
ing, safe keeping, and transmitting it to the treasury of the 

United States. 

Applications ^^^* ^* '^^^^^ i^ ^^^^^ ^^ *^^ ^"^y ^^ ^^^^ registers of the 
to p'jrchasc, land officcs, respectively, to receive and enter, on books kept 
how entered, for that purpose only, and on which no blank leaves or space 
shall be left between the different entries, the applications of 
any person or persons who may apply for the purchase of 
any section or half section, and who shall pay him the fee 
hereafter mentioned, and produce a receipt from the trea- 
surer of the United States, or from the receiver of public 
mories appointed for that purpose, for three dollars for each 
half section such person or persons may apply for, and for at 
least one-twentieth part of the purchase money, stating care- 
fully, in each entry, the date of the application, the date of 
the receipt to him produced, the amount of money specified 
in the said receipt, and the number of the section or half sec- 
tion, township, and range, applied for. If two or more per- 
sons shall apply at the same time for the same tract, the re- 
When t^o or gjster shall immediately determine by lot, in presence of the 
aopfy^liow"^ parties, which of them shall have preference. He shall file 
preference the receipt for monies produced by the party, and give him a 
shall be deter^ copy of his entry, and, if required, a copy of the description 
™^"^ ' of the tract, and a copy of the plat of the same, or either of 

them; and it shall be his duty to inform the party applying 
for any one tract, whether the same has already been enter- 
ed, purchased, or paid for, and, at his request, to give him a 
copy of the entry or entries concerning the same. He shall, 
three months after the date of each application, if the party 
shall not have within that time produced to him a receipt of 
the payment of one-fourth part of the purchase money, in- 
cluding the twentieth part above mentioned, enter, under its 
proper date, in the said book of entries, that the payment has 
not been made, and the land has reverted to the United 
States, and he shall make a note of the same in the margin of 
A certificate the book opposite to the original entry.. And if the party 
to be granted rgiiall, either at the time of making the original entry, ora*^t 
ornurchas^'^ any time within three months thereafter, produce a receipt 
money. to him, for the fourth part of the purchase money^ including 

the twentieth part aforesaid, he shall file the receipt, make 
an entry of the same, under its proper date, in the said book 
of entries, make a note of the same in the margin of the book, 
opposite to the original entry, and give to the party a certifi- 
cate, describing tlie land sold, the sum paid on account, the 
balance remaining due, the time and times when such ba- 
lance shali become due, and that if it shall be duly discharg- 
ed, the purchaser, or his assignee, or other legal representa- 
tive, shall be entitled to a patent for the said lands; be shall, 
also, upoii any subsequent payment being made, and a re- 



SALES OF PUBLIC LANDS IN OHIO- 45 

ceipt from the receiver being produced to him, filp the original 
receipt, give a receipt for the same to the party, and enter 
the same to the credit of the party, in a book kept for that pur- 
pose, in which he shall open an account in the name of each 
purchaser, for each section or half section that may be sold, 
either at public or private sale, and in which he shall charge 
the party for the whole purchase money, and give him credit 
for all his payments ; making the proper charges and allow- 
ances for interest or discount, as the case maybe, according 
to the provisions of the fourth section of this act ; and upon 
the payment being completed and the account finally settled, 
he shall give a certificate of the same to the party; and on 
producing, to the secretary of the treasury, the same final 
certificate, the President of the United States is hereby au- J'f^^^^^*^ 'f 
thorized to grant a patent for the lands to the said purchaser, certificate. 
his heirs or assigns; and all patents shall be countersigned 
by the secretary of state, and recorded in his office. 

Sec 8. That the registers of the land offices, respectively, Rgeister to 
shall also note, on the book of surveys, or original plat trans- note sales up- 
mitted to them, every tract which may be sold, by inserting on the sur- 
the letter A on the day when the same is applied for, and the ^^^^* 
letter P on the day when a receipt for one-fourth part of the 
purchase money is produced to them, and by crossing the said 
letter A on the day when the land shall revert to the United 
States, on failure of the payment of one-fourth part of the 
purchase money, within three months after the date of appli- 
cation. And the said book of surveys, or original plat, shall 
be open, at all times, in presence of the register, for the in- 
spection of any individual applying for the same and paying 
the proper fee. 

Sec. 9. That it shall be the duty of the registers of the Accounts of 
land offices to transmit, quarterly, to the secretary of the tracts applied 
treasury, and to the surveyor general, an account of the sev- [°^ *° ^.^ 
eral tracts applied for, of the several tracts for which the pay- secretary? 
ment of one-fourth part of the purchase money has been made, 
of the several tracts which have reverted to the United States 
on failure of the said payment; and also, an account of all the 
payments of monies by them entered, according to the re- 
ceipts produced to them, specifying the sums of money, the 
names of the persons paying the same, the names of the offi- 
cers who have received the same, and the tracts for which the 
same have been paid. 

Sec. 10. That the registers aforesaid shall be precluded r^j^jj^p^^j. ^^^j. 
from entering on their books any application for lands in to enter their 
their own name, and in the name of any other in trust for o?'*"" applica- 
them; and if any register shall wish to purchase any tract of^^^"^' 
land, he may do it hy application in writing to the surveyor 
general, who shall enter the same on books kept for that 
purpose by him, who shall proceed in respect to such ap- 
plications, ajid to any payments made for the same, in the 



4S sale's of public lands in omorf- 

same manner which the registers by this act are directed to 
follow, in respect to applications made to them for lands by 
other persons. The registers shall, nevertheless, note on the 
book of surveys, or original plat, the applications and pay- 
ments thus by them made, and their right to the pre-emp- 
tion of any tract, shall bear date from the day when their ap- 
plication for the same shall have been entered by the sur- 
,. veyor general in his own book. And if any person applying 

niay be with- ^^^^ ^^^J tract shall, notwithstanding he shall have received 
drawn in cer- information from the register that the same has already been 
tain cases. applied for by the said register, or by any other person, insist 
to make the application, it shall be the duty of the register 
to enter the same, noting in the margin that the same tract 
is already purchased; but upon application of the party, 
made in writing, and which he shall file, he may and shall, 
at any future time, enter under its proper date, that the 
party withdraws his form.er application, and applies in lieu 
thereof for any other tract: Provided always^ That the party 
shall never be allowed thus to withdraw his former applica- 
tion, and to apply in lieu thereof for another tract, except 
when the tract described in his former application shall have 
been applied for previous to the date of that bis former ap- 
plication. 

Sec. 1 1 . That the secretary of the treasury shall and may 
ti^eSiry'to^ prescribe such further regulations, in the manner of keeping 
prescribe fur- books and accounts, by the several officers in this act men- 
ther regula- tioned, as to him may appear necessary and proper, in order 
tions'. £^Y\y to carry into effect the provisions of this actr 

Sec. 12. That the registers of the land offices, respective- 
Fees of ^^gis- ly, shall be entitled to receive from the treasury of the Unit- 
paid. 6^ States, one-half per cent, on all the moneys expressed in 
the receipts by them filed and entered, and of which they 
shall have transmitted an account to the secretary of the 
treasury, as directed by this act ; and they shall further be enti- 
tled to receive, for their own use, from the respective parties,, 
the following fees for services rendered, that is to say, for 
every original application for land, and a copy of the same, 
for a section, three dollars, for a half section, two dollars; for 
every certificate stating that the first fourth part of the pur- 
chase money is paid, twentj^-five cents; for every subse- 
quent receipt for monies paid, twenty-five cents ; for th« final 
settlement of account and giving the final certificate of the 
same, one dollar; for every copy, either of an application or 
of the description of any section or half section, or of the 
plat of the same, or of any entry made on their books, or of 
any certificate heretofore given by them, twenty-five cents 
for each ; and for any general inspection of the book of sur- 
veys, or general plat, made in their presence, twenty-five 
cents. 

Sec. 13, That the superintendents of the public sales, to 



SALES OF PUBLIC LANDS IN OHIO-. 47 

b6 made by virtue of this act, and the superintendents of the Compensa- 
sales which have taken place by virtue of the act, entitled ^^^J^ ^° super- 
*'An act providing for the sale of the lands of the United 
States in the territory northwest of the river Ohio, and 
above the mouth of Kentucky river," shall receive five dol- 
lars a day, for every day whilst engaged in that business; 
and the accounting officers of the treasury are hereby author- 
ized to allow a reasonable compensation for books, stationary, 
and clerk hire, in settling the accounts of the said superin- 
tendents. 

Sec. 14. That the fee to be paid for each patent, for half 
a section shall be four dollars, and for every section five dol-?^^^^ for pa-. 
fers, to be accounted for by the receiver of the same. 

Sec. 15. That the lands of the United States reserved for 
future disposition, may be let upon leases, by the surveyor Lands reserv- 
general, in sections or half sections, for terms not exceeding^ ^^^ ^ ^ ' 
seven years, on condition of making such improvements as he 
shall deem reasonable. 

Sec. 16, That each person who, before the passing of this 
act, shall have erected, or bco^un to erect, a grist mill or saw Pre-emptions 

'O lor Sciw or 

mill upon any of the lands herein directed to be sold, shall be grist luiUs. 
entitled to the pre-emption of the section including such mill, 
-at the rate of two dollars per acre: Provided^ The person or Proviso, 
his heirs, claiming such right of pre-emption, shall produce, 
to the register of the land office, satisfactory evidence that 
he or they are entitled thereto, and shall be subj-ect to and 
comply with the regulations and provisions by this act pre- 
scribed for other purchasers. 

Sec. 17. That so much of the "Act, providing for the sale 
of the lands of the United States in the territory northwest ^^.^ repealed i 
©f the river Ohio, and above the mouth of Kentucky river," 
as comes wdthin the purview of this act, be and the same is 
hereby, repealed. 



[Act of Zd March, 1803, 3 v. L, U, S. p. 555.] 



Sec. 5. That all the unappropriated lands wdthin 'the Unappropi'i- 
Military Tract, shall be surveyed into half sections, in the ated lands in 
manner directed by the act, entitled "An act to amend the TrVS b? 
act, entitled "An act providing for the sale of the lands of surveyed. 
the United States in the territory northwest of the Ohio, 
and above the mouth of Kentucky river,"* and that so much 
of the said lands as lie west of the eleventh range, within 
the said tract, shall be attached to, and make a part of, the 
district of Chillicothe, and be ofifered for sale at that place, 

*^See 3 V. L. U. S. p. CS5. 



4S SALES OF PUBLIC LA^.'DS IN OHIO. | 

■i 

under the same regulations that other lands are within the 
said district, 
Lands to be ^Ec. 6. That the lands within the said eleventh range, 
offered for sale and east of it, within the said Military Tract, and all the lands 
at Zanesville. north of the Ohio Company's Purchase, west of the seven 
first ranges, and east of the district of Chillicothe, shall be 
offered for sale at Zanesville, under the direction of a regis- 
ter of the land office, and receiver of public monies, to be 
appointed for that purpose, who shall reside at that place^ 
and shall perform the same duties, and be allowed the same 
emoiuments, as are prescribed for,, and allowed to, registers 
and receivers of the land offices bv law. 



[Act of 26th March, 1804, 3 v, L. U. S. p. 600.] 

Fractional ^^^' ^' That fractional sections of the public lands of the 

sections how United States, either north of the riA^er Ohio, or south of the 
to% sold. state of Tennessee, shall, under the directions of the secreta- 
ry of the treasury, be either sold singly, or by uniting two or 
more together, any act to the contrary notwithstanding: Pro- 
vided, That no fractional sections shall be sold in that man- 
ner until after they shall have been offered for sale to the 
highest bidder, in the manner herein after directed. 

Land may be Sec. 10. That all the public lands of the United States, 
Textionrhirf ^^^ ^^^^ of which is authorized by law, may, after they shall 
orqtiartersec-have been offered for sale to the highest bidder in quarter 
lions. Sections, as herein after directed, be purchased, at the option 

of the purchaser, either in entire sections, in half sections, 
or in quarters sections ; in which two last cases the sections 
shall be divided into half sections bylines running due north 
and south, and the half sections shall be divided into quarter 
sections by lines running due east and west.* And in e\^ry 
instance in which a subdivision of the lands of the United 
States, as surveyed in conformity with law, shall be neces- 
sary to ascertain the boundaries or true contents of the tract j 
purchased, the same shall be done at the expense of the pur- ' 
chaser. 
Tnt(?rfestno Sec. 11. That no interest shall be charged on any instal- 

longer to be ment which mav hereafter become due, in payment for any 
diargcd, ^£t|^g p^^}-^ Ij^J^^Js of the United States, wherever situated, j 
and which have been sold in pursuance of the act, entitled j 
''An act to amend the act, entitled "An act providing for the J 
sale of the lands of the United States in the territory north- . 
west of the Ohio and above the mouth of Kentucky river," 
or which may hereafter be sold by virtue of that, or of any 
other, act of Congress: Provided, That such instalments shall 

♦Repealed. See 3 v. L. U. S. p. 637, sec. 3. 



•SALE& OF PUDLIC LANDS IN OHIO* . 49 

be paid on the day on which the same shall become due; btil 
the interest shall be charged and demanded in conformity 
with the provisions heretofore in force, from tlie date of the 
purchase on each instalment whicii shall not be paid on the 
day on which the same shall become due; Provided^ however^ 
That on the instalments which are or may become due be- 
fore the first day of October next, interest shall not be charg- 
ed, except from the time they became due until paid ; but in 
failure to pay the said instalments on the said first day of Oc- 
tober, interest shall be charged thereon, in conformity with 
the provisions heretofore in force, from the date of the pur- 
chase. 

Sec. 12. That the sections which have been heretofore Lnna>^ ivhen 
reserved, and arc by this act directed to be sold; also, the.^"'^'^^^'"|!'^. *** 
fractional sections, classed as is by the ninth section of thisgj;^]^^ 
act directed, and all the" other lands of the United States, 
-worth of the Ohio and above the mouth of Kentucky river, 
shall be offered for sale in quarter sections, to the highest 
bidder, under the directions of the register of the land office, 
and of the receiver of public monies, at the places, respect- 
ively, where the land offices are kept, that is to say; the lands 
in tiie district of Chillicothe, on the first Monday of May; 
the lands in the district of Marietta, on the second Monday 
of May ; the lands in the district of Zanesville, on the third 
Monday of May; the lands in the district of Steubenviile, on 
the second Monday of June; and the lands in the district of 
Cincinnati, on the first Monday of September. The snles 
shall remain open at each place no longer than three weeks; 
the lands which may be thus sold, shall not be sold for less 
than two dollars per acre; and shall, in «very other respect, 
be sold on the same terms and conditions, as is provided for 
the sale of lands sold at private sale. And all the other 
pOblic lands of the United States, either north of the Ohio 
or south of the state of Tennessee, which are directed to be 
sold at public sale, shall be offered for sale to the highest bid- 
der, in quarter sections. 

Sec. 13. That whenever any of the public lands shall have Surveying dis* 
been surveyed in the manner directed by law, they shall be ^^^^^'^ ^^ ^® ^^" 
divided by the secretary of the treasury into convenient sur- '^ ^^ ^ ' 
veying districts ; and a deputy surveyor shall, with the ap- 
probation of the said secretary, be appointed by the surveyor 
general for each district, who shall take an oath or affirma- 
tion truly and faithfully to perform the duties of his office; and 
whose duty it shall be to run and mark such lines as may be Dutyof depUi* 
necessary for sub-dividing the lands surveyed as aforesaid, ty surveyors, 
into sections, half sections, or quarter sections, as the case 
may be ; to ascertain the true contents of such sub-divisions ; 
and to record, in a book to be kept for that purpose, the sur- 
veys thus made. The surveyor general shall furnish each 
deputy surveyor with a copy of the plat of the townships and 

G 



oO SALES OF PUBLIC LANDS IN OHIO, 

fractional parts of totvnsbips contained in his district, describ- 
ing the sub-divisions thereof, and the marks of the corners. 
Each deputy surveyor shall be entitled to receive from the 
purchaser of any tract of land, of vidiich a line or lines shall 
have been run and marked by him, at the rate of three dollars 
for every mile thus surveyed and marked, before he shall de- 
liver to him a copy of the plat of such tract, stating its con- 
Fees not to be tents. The fees payable by virtue of former laws for survey- 
paid by pur- jjjg expenses, shall, after the first day of July next, be .no 
1st July. longer demandable from, and paid by, the purchasers. And 
no final certificate shall there<lfter be given by the register of 
any land office to the purchaser of any tract of land, all the 
lines of which shall not have been run, and the contents as- 
certained by the surveyor general or his assistants, unless 
such purchaser shall lodge with the said register a plat of 
such tract, certified by the district surveyor.* 

Registers^ and Sec. 1 4. That, from and after the first day of April next, 
receivers' ad- each of the registers and receivers of public. monies of the se- 
peSon!""" v^^^l land offices established by law, either north of the river 
Ohio, or south of the state of Tennessee, shall, in addition to 
the commission heretofore allowed, receive one-half per cent, 
on all the monies paid for public lands sold in their respective 
offices, arid an annual salary of five hundred dollars, the regis- 
ter and receiver of the land office at Marietta excepted, the. 
annual salary of whom shall be two hundred dollars. And 
from and after the same day, the fees payable by virtue of for- 
mer laws, to the registers of the several land offices, for the 
entry of lands, and for certificates of monies paid, shall no , 
longer be demandable from, nor paid by, ^he purchasers of | 
public lands. And it shall be the duty of the secretary of the ' 
treasury to cause, at least once every year, the books of the 
officers of the land offices to be examined, and the balance of 
public monies in the hands of the several receivers of public 
monies of the said offices, to be ascertained. j 

Fees for pat- Sec. 15. That, from and after the first day of April next, the 
ents no longer fees heretofore payable for patents for lands shall no Ion seer 
pXhasL-!* ^^ P^i^ ^y *^e ptirchasers. And it shall be the duty" of 
every register of a land office, on application of the party, to 
transmit, by mail, to the register of the treasury, the final cer- 
tificate granted by such register to the purchaser of any tract 
of land sold at his office: and it shall be the duty of the regis- 
ter of the treasury, on r^^ceiving any such certificate, to ob- 
tain and transmit, by mail, to the register of the proper land 
office, the patent to which such purchaser is entitled ;t but in 
every such instance, the party shall previously pay to the pro* 

=* Repealed— Sec 3 v. L. U. S. p. 637. 

'^ Altered— See 4 v. L. U. S. p. 41 &. 



i 



SALES OF PUBLIC LANDS IN OHIO. 51 

per deputy postmaster the postage accruing on the tran^mis^ 
sioa of such certificate and patent,* 



[Act' of February Uth^ 1805, 3 r. L. U, S. p. G37.] 

Sec. 1. That the surveyor general shall cause all those Lands in what 
lands north of the river Ohio, which,. by virtue of the act, ^'^^'^"cr <;o be 
entitled -'An act providing for the sale of the lands of the '^^"'^''''^^'^' 
United States in the territory northwest of the river Ohio, 
and above the mouth of the Kentucky river," were sub-divid- 
ed, by running through the townships parallel lines, each 
way, at the end of every two miles, and by marking a corner 
on each of the said lines, at the end of every mile, to be sub- 
divided into sections, by running straight lines, from the 
mile corners thus marked to the opposite corresponding corn- 
ers, and by marking, on each of the said lines, intermediate 
corners, as nearly as possible equi-distant from the corners of 
of the sections on the same. And the said surveyor general Half sections 
shall also cause the boundaries of all the halfsections, which to be surveyed 
had been purchased previous to the first day of July last,^"^"^^^^^'^' 
and on which the surveying fees, had been paid according to 
law by the purchaser, to be surveyed and marked, by run- 
ning straight lines from the half mile corners heretofore 
marked, to the opposite corresponding corners ; and interme- 
diate corners shall, at the same time, be marked on each of 
the said dividing lines, as nearly as possible equi-distant from 
the corners of the half section on the same line : Provided^ p . 
That the whole expense of surveying and marking the lines, 
shall not exceed three dollars for every mile which has not 
yet.been surveyed, and which shall be actually run, surveyed, 
and ntarked, by virtue of this section. And the expense of 
making the sub-divisions directed by this section, shall be 
defrayed out of the monies appropriated, or which may be 
hereafter appropriated, for completing the surveys of the 
public lands of the United States. 

Sec. 2. That the boundaries and contents of the several Rules for a3» 
sections, halfsections, and quarter sections of the public certaining 
lands of the United States, shall be ascertained in conform- ^°^"^^^^^'j^^^ 
ity with the following principles, any act or acts to the con- of sections, 
trary notwithstanding: halfsections, 

1st. All the corners marked in the surveys, returned j^y and quarter 
the surveyor general, or by the surveyor of the land south 
of the state of Tennessee, respectively, shall b^ established 
as the proper corners of sections or sub-divisions of sections, 
which they were intended to designate ; and the corners of 

*Sec. 16, of this act, gives the President power to appoint registers and 
receivers. Sec. 17. CQi»pen?atioD given tQ superintendents, Sec. 18. Ap-^ 
propriatioQ is made. 



5^ SALES OF PUBLIC LANDS IN OH'iO. 

lialf and quarter sections, not marked on the said surveys-, 
shall be placed as nearly as possible equi-distant from those 
two corners which stand on the same line. 

2d. The boundary lines, actually run and marked in the 
surveys returned by the surveyor general, or by the surveyor 
of the land south of the state of Tennessee, respectively, - 
shall be established as the proper boundary lines of the sec- 
tions or sub-divisions, for which they were intended ; and the 
length of such lines, as returned by either of the surveyors 
aforesaid, shall be held and considered as the true length 
thereof. And the boundary lines, which shall not have 
been actually run and marked as aforesaid, shall be ascer- 
tained, by running straight lines, from the established corn 
ers to the opposite corresponding corners ; but in those por- 
tions of the fractional townships, when no such opposite cor- 
responding corners have been or can be fixed, the said boun- 
dary lines shall be ascertained by running, from the estab- , 
lished corners, due north and south, or east and west, lines, 
as the case may be, to the water course, Indian boundary 
line, or other external boundary of such fractional township. 
3d. Each section, or sub-division of section, the contents 
whereof shall have been, or, by virtue of the first section | 
of this act, shall be returned by the surveyor general, or 
by the surveyor of the public lands south of the state of 
Tennessee, respectively, shall be held and considered as con- 
taining the exact quantity expressed in such return or re- 
turns: and the half sections and quarter sections, the con- 
tents whereof shall not have beeu thus returned, shall be 
held and considered as containing the one-half, or the one- 
fourth, part, respectively, of the returned contents of the sec- 
tion of which they make part. 
^ Sec. 3. That so much of the act, entitled "An act making 

of 26th March Provision for the disposal of the lands in the Indiana territory, 
1804, 3 V. L. and for other purposes," as provides the mode of ascertain- 
U. S. p. 596, ing the true contents of sections, or sub-divisions of sections, 
repea e . ^^^ prevents the issue of final certificates, unless the said 
contents shall have been ascertained, and a plot, certified 
by the district surveyor, lodged with the register, be, and 
the same is hereby, repealed. 



[M of February 28, 1806, 4 v. L. U. S. p. G.] 

Sale of the lot ^^^' ^' That, for the disposal of a certain tract or lot of 
onwhichFortland, belonging to the United States, in the town of Cincin- 
Washin^ton nati, on the Ohio, being the same on which Fort Washington 
>,as crco c . ^^^ erected, the secretary of the treasury shall cause the said 
tract to be surveyed and laid oflf into town lots, streets, and 
avenues, in such majiiner, and of such dimensions, as he may 



d 



SAjLES OP PUBLIC LANDS IN OHIO. .W5 

judge proper, conforming, as near as may be, to the original 
plan of the town: when the survey is completed, a plat there- 
of shall be returned to the suryeyor general, on which the 
lojts shall be denominated by progressive numbers, who shall 
therefrom cause two copies to be made, one to be transmit- 
ted to the secretary of the treasury, and the other to the re- ■ 
gister of the land office at Cincinnati: on the receipt of 
which plat the secretary of the treasury shall cause the said 
town lots to be offered to the highest bidder at public sale, 
to be held at Cincianati, under the superintendence of the 
register and receiver of the land office in the district of Cin- 
cinnati, on the same terms and conditions as have been pro- 
vided for the public sale of the public lands of the United 
States. Six weeks notice shall be given of the day of sale, 
in at least two newspapers published in the state of Ohio. 



[Act of 3d March, 1807, 4 v. L, U, S. p. 126.] 

Sec. 1. That for the disposal of the lands of the United a land oflict 
States, situated between the United States Military Tract established 
and the Connecticut Reserve, a land office shall be establish- g'^^JJi^f-^! ^' 
ed, which shall be kept at such place as the President of and Western 
the United States may direct: and that, for the disposal Reserve. 
of the lands of the United States lying on the Ohio river, 
between the Cincinnati and Vincennes districts, a land of- 
fice shall be established at Jefferson ville: and for each of 
the said offices a register and receiver of public monies shall 
be appointed, who shall give security in the same manner, 
in the same sums, and whose compensation, emoluments, 
duties, and authority, shall, in every respect, be the same, in 
relation to the lands which shall be disposed of at their 
offices, as are or may be provided by law in. relation to the 
registers and receivers of public monies in the several offices 
established for the disposal of the lands of the United States 
north of the river Ohio, and above the iix)uth of Kentucky 
river. 



[Act of 29th Februanj, 1808, 4 v, L. U. 5. p. 146.] ^ 

Sec 1. That all the sections of land heretofore reserved Secijons heic- 
for the future disposition of Congress, not sold or otherv/ise *"/^^Y*^^'T'" 
disposed of, and lying within either of the districts established Jj^ f^^. gaie/^ 
for the disposition of public lands in the state of Ohio, with 
the exception of the section numbered sixteen, of the salt 
springs, and lands reserved for the use of the same, shall be 
offered for sale in that district within which such reserved 



i»4 SALES OF PUBLIC LANDS IN OHIO, 

sections may respectively lie, on the* same terms,. and under 
the same regulations, as other lands in the same district: 
Proviso. Provided^ That such sections shall previously be offered to 

the highest bidder, at public sales, to be held under the super- 
intendence of the registers and receivers of public monies 
of the land 6ffi€es, respectively, to which they are attached, 
on the same terms as have been provided by law for the pub^ 
lie sales of the other lands of the United States, and on such 
day or days as shall, by a proclamation of the President of 
the United States, be designated for that purpose: And pro- 
vided also^ That no such heretofore reserved section shaH 
be sold either at public or private sale, at. a less price thai* 
four dollars per acre. 



[Act of April 25, 1C12, 4 r. L. C7. S.p. 418.] 



Aj^raeral Sec. 1. That there shall be established in the department 

iand oftjce es- of the treasury an office, to be denominated the general land 
li'eaSy dc- ^.^^^5 the chief officer of which shall be called the commis^ 
pajtuicnt. sioner of the general land office, whose duty it shall be, under 
the direction of the head of the department, to superintend, 
execute, and perform, all such acts and things, touching or 
respecting the public lands of the United States, and other 
lands patented or granted by the United States, as have here- 
tofore been directed by law to be done or performed in the 
. office of the secretary of state, of the secretary and register 
of the treasury, and of the secretary of war, or which shall 
hereafter by law be assigned to the said office, 
CoimaissiDii-. Sec. 4. That the said commissioner shall cause a seal of 
er to keep a office to be made and provided for the said office, with such 
^vf]'.,>£°^'^^ device as the Presid-ent of the United States shall approve; 
and copies ol any records, books, or papers, belonging to the 
said office, under the signature of the said commissioner, or, 
wlien the office shall be vacant, under the signature of the 
chief clerk, and the said seal, shall be competent evidence \u 
all cases in which the original records, books, or papers, could 
be evidence. 
Patents to be ^Ec- 8. That all patents issuing from the said office, shall 
sia:nedby Pre- be issued in the name of the United States, and under the 
^ideni, «S:c. g^al of the said office, and be signed by the President of the 
United States, and countersigned by the commissioner of the 
said office, and shall be recorded in the said office, in books 
to be kept for the purpose. 

Sec. 9. That all returns relative to the public lands, 

mario to com- ^leretoforc directed to be made to the secretary of the trea- 

aiiisiioucr. suiy, shall hereafter be made to the said commissioner, who 

shall have power to audit and settle all public accounts 

relative to the public knds: Provided'^ That it shall be the 



SALES OF PUBLIC L.\NDS IN OHIO. 

duty of tlie said commissioner, upon the settlement of any such 
account, to certify the balance, and transmit the account, 
with the vouchers and certificate, to the comptroller of the 
treasury, for his examination and decision thereon,* 



[Act of Fchniar^ 4, 1815, 4 v, L, U, S,p, 789.] 

Sec. 1. That all that tract of land lying between the ^"^^^ ^"^f "f \^^^^^^^£ 
of the rapids of the river Mjami of lake Erie and the western ^J.^^' of "^Can' 
line of the Connecticut Reserve, in the state of Ohio, which ton. 
was ceded to the United States, by certain tribes of Indians, 
at a treaty concluded at Brownstown, in the Michigan territo- 
ry, on the twenty-fifth day of November, one thousand eight 
hundred and eight, shall be attached to, and made a part of, 
the district of Canton. .. 

Sec 2. That in surveying and dividing the lands by this Mode of sm'- 
act attached to the district of Canton, the ordinary mode of^^-^'"^' 
surveying the public lands shall be so far deviated from, that 
the boundary lines of the tracts to be laid off therein shall be 
run parallel to, and at right angles with the road laid out in 
conformity with the said treaty, and in every other respect 
the surveys shall be made in the same manner, and -for the 
same compensation allowed for the surveying, the other pub- 
lic lands northwest of the river Ohio.t 



[Act of April 26, 1816, 1 sess. lith Gongres!^^ p. 93.] 

Sec. 1. That so mucli of the tract of land of two miles Part of a imct 
square, at the lower rapids of Sandusky river, ceded by the*^ b^ ^^^^ «^^ 
Wyiandots, Delawares, Shawanoes, Ottawa?, Chippewas, Pa- i^^g^ ^j,. 
tawatimies, Miamies, Eel river, Weeas, Kickapoos, Pianka- 
shaws, and Kaskaskias tribes of Indians to the United States, 
by the treaty of Greenville, of the third of August, one thou- 
sand seven hundred and ninety-five,J: shall, under the direction 

*Sec. 2, of this act, authorizes the appointjmejit of a chief clerk. Sec. 3, 
relates to oaths of officers. Sec. 5, gives the custody of papers, &c. relative 
to lands, to commissioner. Sec. 6, requires commissioner to make plats, 
&c. Sec. 7, makes it the duty of commissioner to record military warrants. 
Sec. 10, forbids commissioner, &c. from purchasing lands. Sec 11, autho- 
rizes President to make the appointment of conunissioner, &c. and declare.^ 
bis salary shall be equal to that of the auditor of the treasury. Sec. 12, 
authorizes commissioner to appoint clerks, &c. 

tSec. 3, of this act, provides for the sale of the lands at such time and 
place, as the President shall direct, and that the lands remaining shall be 
sold as others. Sec. 4. The compensation of register and receiver to be $4 
per day. 

fSee Treaties. 



56 SALES OF PIJBLIC LANDS IN OHIO. 

<>fthc surveyor general, be laid off into town lot?, streets and 
avenues, and into out-lots, in such manner, and of such dimen- 

Proviso. sions as he may judge pioper: Provided^ The tract so to be 

laid off shall not exceed the quantity of land contained in one 
entire section, nor the town lots one quarter of an acre each. 
Wrien the survey of tlie lots shall be completed, a plat thereof 
shall be returned to the surveyor general, on which the town 
. lots and out-lots shall respectively be designated by progres- 
sive numbers, who shall cause two copies to be made, one to 
be transmitted, with a copy of the field notes, to the commis- 
sioner of the general land office, and the other to the register 
of the land office at "VVooster. 
• Sec. 2. That previously to the disposal at public sale of 

Exterior lines the before mentioned, tract of land, the surveyor general shall, 

to be resiir- ^^^ j^^ 1^, hereby directed to resurvey and mark the exterior 

Huirkedt" \\n(i?> of the said tract, conformably to the survey made in 
[the] year one thousand eight hundred and seven, by virtue 
of the act of the third of March, one thousand eight hundred 
and five, and also to cause divisional lines to be run through 
each fractional section, and of the adjoining quarter section, 
so that each sub-division, having one front on the river, may 
contain, as nearly as may be, eighty acres each. And in like 
manner to cause the large island, lying in the west half of 
section number one, to be surveyed, and the same to be divid- 

ProTiso. ed into, two equal parts: Provided^ That in running the sub- 

divisional lines, no interference shall be miade affecting the 
selection or location hereafter to be made under the direction 

rro-v-iso. of the secretary of war: Provided also^ That in no case sMl 

the sub-divisional lirjes be so run as to extend to, or eriibrace 
the bed of the river, which' shall be deemed, .and is hereby 

Proviso. declared to be a public higliway: And provided also^ That the 

whole expense of resurveying and marking the extisrior lines 
of the said cession, and running and marking the sub-divisional 
lines cf the fractional and quarter sections lying adjacent to 
the river, shall not exceed three dollars for every mile actu- 
ally surveyed, resurveyed and marked, by virtue of this and 
the preceding section. . 



Lfint] to bp 



[AdofJpril^llh.lQlG^l scss. Uth Coi^gress^p. ir2.] 

Sec. 1. That so much of the tract of land of twelve miles 
laid oir into square, at the "B litis V Fort of the Miami of the Lake, at 
•'>ts,- the foot of the Rapids,^ ceded by the Wyandots, Delawares, 

Shawanoes, Ottawas, Ghinpewas, Patawatamies, Miamics, 
Kel River, Weeas, Kickapoos, Piankashaws, and Kaskaskias 
tribes of Indians, to the United States, by the treaty of 
Greenville, of the tinrd of August, one thousand seven hun- 
dred and ninetv-five, shall, under the directiort 6f the eur- 



SALES OP PUBLIC LANDS IN OHIO. 57 

veyor general, be laid off into town lots, streets, and avenues, 
and into out-lots, in such manner and of such dimensions, 
as he may judge proper: Provided^ The tract so to be laid^^^'^^^^P* 
off shall not exceed the quantity of land contained in two 
entire sections, nor the town lots one quarter of an acre each. 
When the survey of the lots shall be completed, a plat there- 
of shall be returned to the surveyor general, on which the 
town lots and out-lots shall, respectively, be designated, by 
progressive numbers, vrho shall cause two copies to be made, 
one to be transmitted, with a copy of the field notes, to the 
commissioner of the general land office, and tlie other to the 
register of the land office at Wooster. 

St:c. 2. That previously to the disposal at public sale of Lines to ^e 
the before mentioned tract of land, the surveyor general run. 
shall, and he is hereby directed, to resurvey and mark the 
exterior lines of the said tract, conformably to the survey 
made in December, one thousand eight hundred and five, by 
virtue of the act of the third of March, one thousand eight 
hundred and five, and also to cause divisional lines to be run 
through each section and fractional section binding on the said 
river, so that each sub-division may contain, as nearly as may 
be, one hundred and sixty acres each. And in like manner, to 
cause the "Great Island," lying at the foot of the. rapids, in the 
said river, to be surveyed, and by lines, running north and 
south, to divide the same, as nearly as may be, into six equal 
parts, that is to say, that part of the said island, described in the 
survey of the said cession, as lying in township number three, 
in four parts; and that part of the said island lying in town- 
ship number four, into two parts: Provided, That in running Provise. 
the sub-divisional lines no interference shall be made affect- 
ing or impairing the rights of persons to whom letters patent 
have been granted for land lying within the limits of the said 
twelve miles square, nor affecting the selection or location 
hereafter to be made under the direction of the secretary of 
war, for military purposes: Provided also, That in no case,rrovisG, 
shall the sub-divisional lines be so run as to extend to, or em- 
brace the bed of the river, which shall be deemed, and is 
hereby declared to be a public highway: And provided a/so, Provispw 
That the whole expense of resurveying and marking the ex- 
terior lines of the said cession and of the sub-divisional lines 
of the sections, lying adjacent to the river, shall not exceed 
three dollars for every mile actually surveyed, resurveyedy 
and marked, by virtue of this and the preceding section. 



[Act of February 22c?, 1817, 2dsess. lAth Congress^ p, 204.] 

Sec. 1. That, from and after the first day of September Division of 
next, the sections designated by number two, five, twenty, J^^^^^^j^^^^^" 
twenty-three, thirtv, and thirty-three, in each and every made. 

H 



53 



SALES OF PUBLIC LANDS W OHIO. 



township of the public lands, the sale of which is now, or 
hereafter may be, authorized by law, shall be offered for sale 
either in quarter sections, or half quarter sections, at the op- 
tion of the purchaser; and in every case of the division of a 
quarter section, the portion shall be made by a line running 
due north and south, and in every other resp^xt the said sec- 
tions shall be offered, whether at public or private sale, on the 
same terms and conditions as have been or may be, by law, 
provided for the sale of the other public lands of the United 
States, 



[Act of March 3, 1819, 2c? sess, 15th Congress, p, 93.] 

Sec. 1. That, in every case of a purchaser of public lands.- 
Errorsmmak-g^^ private sale, having entered, at the land office, a tract dif- 
may be cor- ferent from that he intended to purchase, and being desirous 
reeled. of having the error in bis entry corrected, he shall make his 

application, for that purpose, to the register of the land 
office; and if it shall appear, from testimony satisfactory to 
the register and receiver of pubhc monies, that an error in 
the entry has been made, and that the same wsls occasioned 
by original incorrect marks made by the surveyor, or by the 
obliteration, or change, of the original marks and numbers at 
corners of the tract of land; or that it has, in any otherwise, 
arisen from mistake or error of the surveyor, or officers of the 
land office ; the said register and receiver of public monies shall 
report the case, with the testimony, and their opinion thereon, 
to the secretary of the treasury, who shall have power to di- 
rect, if in his opinion it shall be proper, that the purchaser 
shall be at liberty to withdraw the entry so erroneously made, 
and that the monies which had been paid, shall be applied 
in the purchase of other lands in the same district, or credit- 
ed in the payment for other lands which shall have been pur- 
chased at the same office. 



[Ad of March 3, 1819, 2d set\''. 15th Covgrcss.p. 88.] 

Sec 1. That, for the sale of the unappropriated public 
DistnchofPi-l^'^ds, in the state of Ohio, to which the Indian title is extin- 
qnaandDcla-guished, the following districts shall be formed, and land 
offices tiierefor established: All the public lands, as aforesaid, 
lying between the western boundary line of the state of Ohio, 
and a north and soutli line to be drawn at fort3^-eight miles 
east of the said boundary line^ and bounded on the south by 
the Indian boundary, established by the treaty of Greenville, 
and on the north by tlic northern boundary of the state of 
Ohio, shall form a district, for which a land office shall be 



ware cstab 



SALBS OP PUBLIC Lv\ND3 IN OHJOt. 6J 

established at Piqua: and all the public land^, as aforesaid, 
lying between the Jibove described district and the western 
limits of the Connecticut Reserve and Canton land district 
as first established, and bounded on the south by the Indian 
boundary cstablir^hed by the treaty of Greenville, and on the 
north by the northern boundary of the state of Ohio, shall 
form a district, for which a land office shall be established at 
the town of Delaware. 



[Adof April 24, 182(3, Utsess.mh Cong'rcss.p. 45.] 

Sec. 1. That, from and after the'first day of July next, all ^^"f^s may be 
the public lands of the United States, the sale of which is, or 'ections^^^^^^ 
may be, authorized by law, shall, when offci-ed at public sale, July 1st, 1820. 
to the highest bidder, be offered in half quarter sections; 
and, when offered at private sale, may be ])archased, at the 
option of the purchaser, either in entire sections, half sections, 
quarter sections, or half quai'ter sections; and in every case Division of 
of the division of a quarter, section, the line for the division l^alf quarte^rs 
thereof shall run north and south, and the corners and con- ^"^^' "^^^^^ 
tents of half quarter sections, which may thereafter be sold, 
shall be ascertained in the manner, and on the principles, di- 
rected and prescribed by tlie second section of an p.cf^ enti- 
tled "An act concerning the mode of surveying the public 
lands of the United States," passed on the eleventh day of 
February, eighteen hundred and five; and fractional sections, 
containing one hundred and sixty acres, or upwards, shall, 
in like manner, as nearly as practicable, be sub-divided into 
half quarter sections, under such rules and regulations as 
may be prescribed by the secretary of the treasury; but 
fractional sections, containing less than one hundred and sixty 
acres, slmll not be divided but shall be sold entire : Provided^ 
That this section shall not be construed to alter any special 
provision made by law for the sale of land in town lots. 

Sec. 2. That credit shall not be allowed for the purchase No credit on 
money on the sale of any of the public lands which shall be Public lands 
sold after the first day of July next, but every purchaser of j^Jo " ' ^ "^ 
land sold at public sale thereafter, shall, on the day of pur- 
chase, make complete payment therefor; and the purchaser 
at private sale shall produce, to the register oi the land 
office, a receipt from the treasurer of the United States, or 
from the receiver of public monies of the district, for the 
amount of the purchase money on any tract, before he shall 
enter the same at the land office; and if any person, being The highest 
the highest bidder, at public sale, for a tract of land, shall |^5^'^^^[^^^M||^^^; 
fail to make payment therefoj, on the day on which the same ** ^ * 



GO SALES OF PUBLIC LANDS I?*? OHIO. 

to pay, the Was purchased, the tract shall be again ofierctl at public 
land to be sale, on the next day of sale, and such person shall not 
° * be capable of becoming the purchas^er of that or any other 

tract offered at such public sales. 

Sec. 3. That, from and after the first day of July next, 
Price of public t}^e price at which the public lands shall be offered for sale, 
shall be one dollar and twenty-five cents an acre; and at 
every public sale, the highest bidder, who shall make pay- 
ment as aforesaid, shall be the purchaser; but no lands shall 
be sold, either at public or private sale, for a less price than 
one dollar and twenty-five cents an acre; and all the public 
lands which shall have been offered at public sale before 
the first day of July next, and which shall then remain un- 
sold, as well as the lands that shall thereafter be offered at 
public sale according to law, and remain unsold at the close 
of such public sale, shall be subject to be sold at private 
sale, by entry at the land office, at one dollar and twenty- 
five cents an acre, to be paid at the time of making such en- 
try as aforesaid; with the exception, however, of the lands 
Exceptions, which may have reverted to the United States, for failure 
in payment, and of the heretofore reserved sections for the 
future disposal of Congress, in the states of Ohio and Indi- 
ana, which shall be offered at public sale, as herein after 
directed. 

Lands revert- Sec. 4. That no lands which have reverted, or which shall 
ed to be first hereafter revert, and become forfeited to the United States, 
offered at pub- ^^ J. fajiy^e in any manner to make payment, shall after the 
' ' first day of July next, be subject to entry at private sale, nor 
until the same shall have been first offered to the highest bid- 
der at public sale ; and all such lands which shall have revert- 
ed before the said first day of July next, and which shall then 
. belong to the United States, together with the sections, and 
parts of sections, heretofore reserved for the future disposal 
of Congress, which shall, at the time aforesaid, remain un.- 
sold, shall be offered at public sale to the highest bidder, 
who shall make paymejit therefor, in half quarter sections, 
at the land oilice for the respective districts, on such day or 
days as shall, by proclamation of the President of the United 
States, be designated for that purpose ; and all lands which 
shall revert and become forfeited for failure of payment 
after the said first day of July next, shall be offered in like 
manner, at public sale, at such time or times as the Presi- 
dent shall, by his proclamation, liesignate for the purpose: 
Proviso. Provided, That no such lands shall be sold at any public 

sales hereby authorized, for a less price than one dollar and 
twenty-fivje cents an acre, nor on any other terms than that of 
cash payment; and all the lands ofl'ered at such public sales^ 
and wliich shall remain unsold at the close thereof, shall be 
subject to pntry at private sale, in the same manner, and at 



SALES OF PUBLI(5 LANDS IN OHfO. 6t 

^he same price, witli the other lands sold at private sale at 
the respective land offices.* 



[Ad of May 24th^ 1824, Ist scss. IQth Cong, p, 7-1.] 

Sec. 1. That where any mistake, in relation to the cor- ;;vTi?takf-'lu 
rect numbers of any tract of land, not exceedng in quantity entries ho^^- 
one half section, may have been heretofore made by any rectined. 
purchaser of the public lands of the United States at private 
sale, and where one or more payments shall have been made 
hy the person nmking the entry, on any tract entered by 
mistake, and where such payn:>ent has not been forfeited, 
previously to the passing of this act, for a failure to complete 
the payments on such tract; and where the purchaser or pur- 
chasers may not, in relation to said tract, have in any way 
taken advantage of the provisions of the act of the second oi' 
March, eighteen hundred and twenty-one, entitled "An act 
for the relief of the purchasers of the public- lands prior to 
the first day of July, eighteen hundred and twenty," or of 
the act supplementary thereto, or the act continuing in force 
said supplementary act, and where the person or persons 
making the purchase has not, in any way, transferred his, 
her or their, right to the certificate of purchase, or the tract 
so purchased, and where no patent shall have issued for tho. 
tract so erroneously purchased; and, also, in all cases of an 
entry hereafter made, of a tract of land not intended to be 
e'ntered,by a mistake of the true numbers of the tract intend- 
ed to be entered, where the tract thus erroneously entered, 
does not, in quantity, exceed one hsrif section ; and where 
the certificate of the original purchaser or purchasers, has 
not been assigned, or the right of the original purchaser or 
purchasers in any way transferred, and where six months, 
from the time the entry shall have been made, may not have 
elapsed, or the patent issued for the tract erroneously entered, 
the purchaser or pu rchasers, or in case of his, her, or theii' death, 
the legal representatives, (not being assignees or transferees,) 
may, either in the cases of entry before or after the passing of 
this act, and in any case coming within its provisions, file his, 
her, or their own affidavit or affidavits, with such additional 
evidence as can be procured, shewing the mistake of the num- 
bers of the tract intended to be entered, and that every rea- 
sonable precaution and exertion had been used to avoid the 
error, with the register and receiver of the land district with- 
in which such tract of land is situated, who shall trajismit the 
evidence submitted to them in each case, together with their 
written opinion or opinions, both as to (the) existence of the 
mistake, and the credibility of each person testifying thereto, 

*Sec. 5, of this act, states how lon^ sales shall be kept open. Sec. €. 
When two persons apply for same tract the highest bidder shall have it.. 



^2 bALES or PUBilG LAXD^ IN OHlGfr 

to the commissioner of the general land office, who, if he be en- 
tirely satisfied (that) the mistake has been made, and that 
every reasonable precaution and exertion had been made to 
avoid it, shall be authorized to change the entry, and trans- 
ter the payment from the tract erroneously entered, to that 
intended to be entered, if unsold ; but, if sold, to any other 
tract liable to entry: Provided, That the oath of the person 
or pei*sons interested shall, in no case be deemed sufhcient, 
in the absence of other corroborating testimony, to authorize 
any such change of entry: Aiid provided, also. That nothing 
herein contained shall affect the right of third persons.* 



[Act of May 2^tJi, 1824, 1st sess. IQth Cong, p,- 78.] 

Sec. 1. That, whenever, in the opinion of the Presideni 
>Tode df ?nr- ^f ^j^g Uniled States, a departure fronri the ordinary mode oi 
be^chaii^eZ Surveying land on any river, lake, bayou, or water course, 
would promote the public interest, he may direct the sur- 
veyor general, in whose district such land is situated, and 
where the change is intended to be made, under such rules 
and regulations as the President may prescribe, to oause the 
lands thus situated, to be surveyed in tracts of two acres in 
width, fronting on any river, bayou, lake, or water-course, 
and running back the depth of forty acres; v.hich tracts of 
land, so surveyed, sliall be offered for sale entire, instead ot 
in half quarter section^, and in the usual manner, and on the 
same terms, in ail respects, as the other public lands of the 
United States. 



[Ad of May 2G, 1824, \st scss, IQth Cong. p. 98.] 

, Sec. 1. That there be gi'anted to the several counties or 

einptiontcT^^P'^^'^^^^^ ^^ each state and territory of the United States, 
one quarter where there are public lands, at the minimum price for 
section for which public lands of the United States are sold, the right of 
sea o J^ ice. pj,^_^j_i^p^^^ ^^ ^^^^ quarter section of land, in each of the 
counties or parishes, of said states and territories, in trust for 
said couniies or parislies, respectively, for the establishment 
Proviso. of seats of justice therein: Provided, The proceeds of the 

sale of each of said quarter sections shall be appropriated 
lor the purpose of erecting public buildings in the county or 
parish for which it is located, after deducting therefrom the 
Proviso. amount originally paid for the same: And provided further. 

That the seat of justice for said counties or parishes, re- 
spectively, shall be fixed previously to a sale of the adjoiu- 

• 
*Scc. 2, of this act, makes a person swearing falsely, guilty of perjiirj. 
?ec. l'>. The register and receiver to huve 25 cents for every 100 >Yojds Oi 
the. evidence sent to the lajid oflice. 



SALES OF PUBLIC LANDS IN OHIO. t 

ing lands within the county or parish for which the same is 
located. 

Sec. 2. That so much of such acts, heretofore passed, Part of act=i 
granting to states rights of pre-emption, for county or parish repealed. 
purposes, as requires said seats of justice to be continued at 
or near the centre of eiich of said counties or parishes, be, 
and the same is hereby, repealed. 



{Act of January \2th, 1825, 2d scss. \Wt Congress, p* 4.J , 

Sec. 1. That every person, or the legal representatiye of,^., 
every person, who is, or may be, a purchaser of a tract ot land ^j^.^^^ ^f j^^^^ 
from the United States, the purchase whereof is, or may be is void, &c. 
void, by reason of a prior sale thereof by the United States, inoney to be 
or by the coniirmation, or other legal establishment of a prior ^^' ^ " 
British, French, or Spanish grant thereof, or for want of title 
thereto in the United States, from any other cause whatso- 
ever, shall be entitled to repayment of any sum or sums of 
money, paid for, or on account of, such tract of land, on mak- 
ing proof, to the satisfaction of the secretary of the treasu- 
ry, that the same was erroneously sold, in manner aforesaid, 
by the United States, who is hereby authorized and required 
to repay such sum or sums of monc}', paid as aforesaid. 

Note— By the act of 3d March, 1807, 4 v.L. U. S. p. 12G, sec. 2, the lands 
in the district between the United States Military Tract and Western Re- 
serve, except sec. 16, and 13 sections, including the lower town of the De- 
laware tribe, are directed to be sold as other lands. Sec. 3. Fixes compen- 
sation of superintendent. Sec. 4. Authorizes President to commission regis- 
ter, kc. 

The act of April 1st, 1808, sec. 1, 4 v. L. U. S. p. 159, authorizes tlic 
Presiderrt to ofter a part of the lands in any district, and at other times, the- 
^e-idue. 

The act of March 2, 1809, sec. 1, 4 v. L. U. S. p. 218, gives purchaser?, 
sales b}' virtue of pre-emption right excepted, when the time shall expire 
before the 1st of January next, a further time of two years to make pay- 
ment. The arrears of interest to be paid, and the principal to bear interest. 
The whole to be paid in two equal annual instalments. 

Act of February 24th, 1810, sec. 1, 4 v. L. U. S. p. 246, provides thai 
applications to purchase lands shall be in writing, subscribed and filed. 

Act of April 30th, 1810, sec. 1, 4 v. L. U. S. p. 289, gives to purchasers 
prior to 1st January, 1806, sales by virtue of pre-emption right excepted, 
•who have inhabited, Sec. one tract, a further term of two years to make pay- 
ment, to be calculated to commence one year after the last j^ayment be- 
came due. Payment to be made in two instalments-, with interest: on fail- 
ure, land to be sold. When any tract, not more than 640 acres, has reverted 
to the United States, since January Ist, original purchaser may enter the 
same. 

Act of February 25th, 1811, sec. 1, 4 v. L. U. S. p. 337, authorizes tiie 
President to remove the land office from Canton to some suitable place 
within the district. Sec. 3. When lands arc to be sold for non-payment, 
ihey may be sold at public vendue when court shall sit. 

Act of Jarmary 14th, 1812, sec. 1, 4 v. L. U. S. p. 372. No tract of 
public lands to be sold for less than ^2 per acre. 

Act of April 23d, 1812, sec. 1, 4 v. L. U. S. p. 414. Persons who pur- 
chased prioV to April ist, 1808, not exceeding 640 ucrfb, allowed three yeai< 



^4 SALES OP PUBLIC LANDS IN OHIO. 

i'rom 1st of January, 1813. Payment to be made in four equal annual 
instalments. Lands to be sold for non-payment. 

Act of July 6th, 1812, soc. 1, 4 v. L. U. S. p. 476, extends Ihe provisions 
of the act of "I-id x-ipril, 1812, to purchasers of Iractionai sections. Sec. 2. 
The beneftt of said act extended to assignees. See, J. Lands which revert 
to the United States, before the 1st of August next, may be re-entered by 
purchaser. 

Act of March ud^ 1813, sec. 1, 4 v. L, U. S. p. 514, gives a further time 
of three years to persons who purchased not exceeding 640 acr«s, prior to 
April 1st, 1809. Interest to be paid by 1st of June, up to that day, and 
the residue to be paid in three equal annual payjnents, &c. 

Act of February 24th 1814, sec. 1. 4 v. L. U. S. p. 646, gives a further 
time of three years to those who purchased prior to April 1, 1810. The 
conditions the same as the preceding act. The benefits; of this act not to 
extend to persons who purchased at any land office prior to the 1st of April, 
4809. 

Act of February 4th,'1815^j:cc. 1, 4 v. L. U. S. p. 790, allows a further 
credit of th-oc years to those who purchased after April Ist, 1810 and prior 
lo April 1st, 1811. 

Act of April 26th, 1816, sec. 3, 1st sess. 14th Congress, p. 93, excepts from 
sale towu-lots and otit-lots for the support of schools as in the opinion of 
the secretary of the treasury may be necessary. Lands to be oiiered at 
Wooster and not to sell for less than <^2; in-lots for not less than ^'20 ; and 
out-iots for not less than $5 per acre. Lands not sold at auction to be sold 
as other lands at Wooster. 

Act of April 27th, 1816, sec. 3, 1st eess. 14th Congress, p. 112, reserves salt 
springs and sec. No. 16, for schools, and directs the residue to be sold at 
Vvooster. The same prices required as by act of April 26th, 1816. 

Act of April 29th, 1816, sec. 1, 1st sese. 14th Cong. p. 123, directs the unlo- 
cmted kinds in the Refugee tract to be sold in the district of Chillicothe. 
Not to be sold for less than $2 per acre, and in other respects as other 
• , iaiids. Sec. 2. Sup<:Tintendnts to receive $4 per day. 

Act of March 18th, 1818, sec. 1 and 3, 1st sess. 15lh Congress, p. 16, au- 
thorizes the residue of the 100,000 acres to be surveyed and sold at the diii- 
trict of Marietta. See "Ohio Company's Purchase.'* 

Act of April 18ch, 1818, sec. 1, Lst sess. 15th Congress, p. 55, suspends the 
operation of the 6th condition of the 5th sec. of the act of May lOth, 1808 — 
3 V. L, U. S. p. ^m5. 

Act of March 3d, 1819, sec. 1, 2d sess. 15th Congress, p. 74, suspends the 
♦)peration of tiie 6th condition oi" the 5th sec. of the act of May 10th, 1808 — 
^^v. L. U. S. p. ^'85. 

Act of March 3d, 1819, 2d sess. 15th Congress, p. -80. Sec. 2. President 
authorized to appoint a register, Sec. for each district (Fiqua and Dela- 
ware.) Sec. 3. Lands to be sold, except No, 16, at not less than ^2 per 
acre. Sec. Sec. 4. President authorized to remove land office to any place 
in the district. Sec. 5. Compensation to superintendents. 

Ack of March 34)th, 1820, sec. 1, 1st sess. 16th Congress^ p. 25, suspends 
the operation of the 6th condition of the 5th sec. of the act of May 10th, 
1808—3 V. L. U. S. p. ;,*85, until MarcJj 31st, 1821. 

Act of May 11th, 1820, sec. 1, 1st sess. 16th Congress, p. 68, authorizes 
the sale of 13 sections reserved by act of March Jd, 1C07— ~4 v. L. U. S. p. 
12c, at Wooster. See "Treaties." 

Act of March 2d, 1821, 2d sess. 16th Congress,, p. 11. Sec. 1. Land? 
purchased prior to 1st of July, 1820, may be relinquished, by holder of cer- 
tHcate filing a writtcm i\otice with register, &c. Sums to be applied to 
lan<Is not relin(|uishe(L No repayment to be made by the U. &. When 
two or more cpiarters have been purchased, not less than one to be relinquish- 
ed. Sec. 2. Interest wliich accrued before 30th September, 1821, remitted. 
Sec. 3. Debtors divided into three classes; 1st class, those who have paid 
one-fourth ; 2'.1 class, thos^ who have paid one-half; and the 3d class, those 
who have ])aid threes-fourths. The debts of tlie 1st to be paid in eight equal 
annual instalments; of the 2d, in six; and of the 3d, in four. The first in- 
stalment of the 3d class shall be paid on the 30th of September; of the 2d, 
on the 31st of Deceinbor; ami of the 1st, on the 31st of March, 1822. The 
whole to b;>ar interest, Avhich is to be remitted on punctual payment of instal- 
;iio:its. Sec. 4. Deduction of 37} pur cent, on payment of the whole sum 



SALES OF PUBLIC LANDS IN OHIO. C5 

by 30tli of Sept. 1822. Sec. 5. Those who have laid off towns entitled to 
benefit of this act, ou condition of remission of interest, and 20 per cent, to 
sub-purchasers. Sec. 6. Lands forfeited on failure to pay the last instalment 
within three months. Sec. 7. Written contracts to be filed before 30th 
September, 1821, or benefit of this act ceases. Fees of register 50 cents. — 
.iSec. 8. Register, &:c. to keep an account and report. Sec. 9. No lands 
purchastid prior to Ist July, 1820, not now forfeited, to be forfeited before 
Joth Sept. 1821. Sec. 10. Lands surrendered not to be sold for two years. 

Act of April 20th, 1822, 1st sess. 17th Congress, p. 25. Sec. 1. Persons 
who have not availed themselves of the act of 2d March, 1821, are allowed 
until JOth Sept. 1822, to surrender certificates. Sec. 2. Persons who have 
not acoepted the provisions of said act, or who may not avail themselves of 
the 1st section of this act, may, prior to the 30th Sept. next, file their accept- 
ance and surrender certificates, and receive the benefit of the fii-st aforesaid 
act. Sec. 3. Persons Avho have filed certificates may make full paj^ment 
by 30th September next, and receife the discount under said act. Sec. 4. 
llcceivers, 6zc. to perform duties as under act of 2d March, 1821. Sec. 5. 
Lands which would have been forfeited, exempt from forfeiture until 30th 
Se])tember nexti 

Act of 3d March, 182;"!, 2d sess. i7th Congress, p. 83. Sec. 1. Act of 
2d April, 1822, extended to 30th September next. 

Act of May 18, 1824, 1st sess. 18th Congress, p. 50. Sec. 1. Purchasers 
wlio have obtained a certificate of further credit under the acts 2d March, 
1821, of the 20th April, 1822, and of the 3d March, 1823, are allowed, at 
any time prior to lOth April, 1825, to file their relinquishment for any sec- 
tiion or legal sub-division thereof. Relinquishment aHowed on condition 
that holder of certificate relinquish a sufficient quantity to complete 
payment on residue retained ; or pay balance due in money — 37 i per cent, 
deduction on money paid. Sec. 2. Purchasers completing payment previ- 
ous to April lOth, 1825, allowed a deduction of 37a per cent. Sec. 3. Re- 
ceivers, &c. to make returns. Sec. 4. Fees as allowed by act of 2d March 
1821. Sec. 5. Provisions of this act extended to town lots sold on a credit 
by the United States. 

Act of May 26th, 1824, 1st sess. 18th Congress, p. 112. Sec. 1. The be- 
nefits of the act of 18th May, 1824, extended to persons who have certifi- 
cates of further credit for half-quarter sections or for fractions, &c,. Sec, 
'fk Relinquishments to be filed with register where purchased. 



Mctiiare EftntJiSJ. 



[Rcsohitiou of April 23, 1783, 1 v, L. U, 6\ p. 577.] 

%On the report of a coiifmittee, consisting of Mr. Osgood^ 
Mr. Wilson, Mr. Madison, Mr. Carroll, and Mr. AVilliamson, 
to whom was referred a memorial of brigadier general Ha- 
zen, in behalf of himself, officers, and others, Canadian Re- 
fugees: 

Resolved^ That the memorialist be informed, that Congress 

Pro vision ^for^ retain a lively sense of the services the Canadian officers 

Canada. and men have rendered the United States, and that they 

are seriously disposed to reward them for their virtuous 

sufferings in the cause of liberty: 

That they be farther informed, that v^rhenever Congress 
can consistently make grants of land, they will reward, in 
this way, as far as may be consistent, the officers, men, and 
others, Refugees from Canada* 



[Resolution of April 13, 1785. iL] 

On the report of a committee, consisting of Mr. EIlcr}% 
J\Ir. Monroe, Mr* Read, Mr. Williamson, and Mr. Spaight, 
to whom was referred a petition of Jonathan Eddy, and other 
Refugees of Nova-Scotia: 
.. Resolvedj That Jonathan Eddy, and other Refugees froni 

Ket\i^^e'e?frorn Nova-Scolia on account of their attachment to the interest 
i^ova^Scotia. of the United States, be recommended to the humanity and 
particular attention of the several states in which they re- 
spectively reside ; and that they be informed, that whenever 
Congress can consistently make grants of land, they will 
reward, in this way, as far as may be consistent, such Refu- 
gees from Nova-Scotia as may be disposed to live in the 
western country. 



[Ad of April 7, 1798, 3 r. L, L\ S. p. 37.] 

Secretary of ^^^'* ^' That, to satisfy the claims of certain pfrsons 
^ar to notify claiming lands under the resolutions df Congress, of the 



REFUGEE LANDSi ^' 

tw-enty-third of April, one llioiisand seven hundred an<l G^g^^'f,f"^^Ref^?' 
tj-three, and the thirteenth of April, one thousand seven !,"|s^ 
hundred and eighty-five, as Refugees from the British pro- 
vinces of Canada and Nova-Scotia, the secretary of the de- 
partment of war be, and is hereby, authorized and directed, 
to give notice, in one or more of the public papers of each 
of the states of Vermont, Massachusetts, New York, New 
Hampshire, and Pennsylvania, to all persons having claims 
under the said resolutions, to transmit to the war office, with- 
in two years after the passing of this act, a just and true 
account of their claims to the bounty of Congress. 

Sec. 2. That no other persons shall be entitled to the j^gg^,^- ^-q^ ^'^ 
bfinefit of the provisions of the act than those of the following persons enti- 
descriptions, or their Avidows and heirs, viz: First, Those tied to the be- 
heads of families, and single persons, not members of any "^^ "^ ^ 
such families, who were residents in one of the provinces 
aforesaid, prior to the fourth day of July, one thousand seven 
hundred and seventy-six, and who abandoned their settle- 
ments, in consequence of having given aid to the United Col- 
onics or States, in the revolutionary war against Great Bri- 
tain, or with intention to give such aid, and continued m 
the United States, or in their service, during the said war, 
and did not return to reside in the dominions of the King of 
Creat Britain, prior to the twenty-fifth of November, one 
thousand seven hundred and eighty- three. Secondly, The 
widows and heirs of all such persons as were actually resi- 
dents, as aforesaid, who abandoned their settlements as 
aforesaixl, and died within the United States, or in their ser- 
vice, during the ^aid war: And thirdlv. All persons who were 
members of families at the time of their coming into the 
United States, and who, during the war, entered into their 
service. 

Sec. 2. That the proof of the several circumstances ne- 
cessary to entitle the apphcants to the benefits of this act, ^'j^^^^^^^^^'J^^^ 
may be taken before a judge of the supreme, or district, court taken. 
of the United States, or a judge of the supreme or superior 
court, or the first justice or first judge of the court of common 
pleas, or county court, of tmy state. 

Sec. 4. That, at the expiration of fifteen months, from 
and after the passing of this act, and from time to time there- The secretary 
after, it shall be the duty of the secretary for the department "^ ^*^'^^- ^^ 
of war to lay such evidence of claims, as he may have re- quantity oC 
eeived, before the secretary and comptroller of the treasury, land due. 
and, with them proceed to examine the testimony, and 
give their judgment, what quantity of lajid ought to be al- 
lowed to the individual claimants, in proportion to the de- 
gree of their respective services, sacrifices, and sufferings, in 
consequence of their attachment to the cAuse of the United 
States : allowing, to those of the first class, a quantity not ex^ 



63 



KEFUGEE LANDS. 



Limitation of ceedingone thousand acres; and, to the last clas?, a quantity 
quantity. ^^^ exceeding one hundred; making such intermediate^ 
classes as the resolutions aforesaid, and distributive justice^ 
may, in their judgment, require; and make report thereof to 
Congress. And in case any such claimant shall have sus- 
tained such losses and sufferings, or performed such services 
for the United States, that he cannot justly be classed in any 
one general class, a separate report shall be made of his cir- 
cumstances, together with the quantity of land, that ought 
to be allowed him, having reference to the foregoing ratio: 
Provided, That in considering what compensation ought to be 
made by virtue of this act, all grants, except military grants, 
which may have been made by the United States, or indi- 
vidual states, shall be considered^ at the just value thereof 
at the time the same were made, respectively, either in 
whole or in part, as the case may be, a satisfaction to those 
who may have received the same: Provided, also, That na 
claim under this law shall be assignable, until after report 
made to Congress, as aforesaid, and until the said lands be 
granted to the persons entitled to the benefit of this act. 
Sec. 5. That all claims, in virtue of said resolutions of 
Claims barred Congress, which sliall not be exhibited as aforesaid, within 
if not exliibit- the time by this act limited, shall forever thereafter be 
^^' barred.* 



CTrants by 
states or the 
U. Slates to 
be taken as 
part. 



Fractional 
townships 
joining; the 
southern 
boundary of 
the U. S. Mi- 
litary lands to 
be surveyed 
into half sec- 
tions of 020 
acres, 



[Ad of Fehrumy !&, 1801, 3 r. L, U, S. p, 420.] 

Sec. 1. That the surveyor general be, and he is hereby, 
directed to cause those fractional townships of the sixteenth, 
seventeenth, eighteenth, nineteenth, twentieth, twenty-first, 
and twenty-second ranges of townships, which join the south- 
ern boundary line of the military lands, to be sub-divided in- 
to half sections, containing three hundred and twenty acres 
each; and to return a survey and description of the same to 
the secretary of the treasury, on or before the first Monday 
of December next; and that the said lands be, and they are 
hereby, set apart and reserved for the purpose of satisfying 
the claims of persons entitled to lands under the act, entitled 
"An act for the relief of the Refugees from the British pro- 
vinces of Canada and Nova-Scotia-" 

Priority of lo- ^^^* ^' That the secretary of the treasury shall, within 

cation to be thirty days after the survey of lands shall have been return- 

determinedbyed to him as aforesaid, proceed to determine, by lot, to bo 

° * drawn in the presence of the secretaries of state and of war, 

the priority of location of the persons entitled to lands as 

* By tlio ordintmcc of May 20, 1785, 1st v. L. U. S. p, 5C0, three town- 
§hips adjacent to Lake Erie, were reserved for the Refugees, '^he resohi * 
tion was never carried into diect. 



EEFUGEE LANDS. 



69 



aforesaid. The persons thus entitled shall severally make 
their locations on the second Tuesday of January next, and 
the patents for the lands thus located shall be granted in the 
manner dii'ccted for military lands, without requiring any 
fee whatever. 

Sec. 3. That the following persons claiming lands under Names and 
the above mentioned act, shall, respectively, be entitled to quantity of 
the following quantities of land, that is to say: Martha Walk- [^"^Jh"^"^^ 
er, widow of Thomas Walker, John Edgar, P. Francis Ca- 
zeau, John Allen, and Seth Harding, respectively, two 
thousand two hundred and forty acres, each; Jonathan Ed- 
dy, colonel James Livingston, and Parker Clark, respective- 
ly, one thousand tw^o hundred and eighty acres, each ; and 
the heirs of John Dodge, one thousand two hundred and 
eighty acres; Thomas Faulkner, Edward Faulkner, David 
Gay, Martin Brooks, lieutenant colonel Bradford, Noah Mil- 
ler, Joshua Lamb, Atwood Fales, John Starr, William How, 
Ebenezer Gardner, Lewis F. Delesdernier, John McGown, 
and Jonas C, Minot, respectively, nine hundred and sixty 
acres, each ; and the heirs of Simeon Chester, nilie hundred 
and sixty acres; Jacob Vander Heyden, John Livingston, 
James Crawford, Isaac Danks, major B. Von Heer, Benja- 
min Thompson, Joseph Bindon, Joseph Levittre, heutenant 
Williana Maxwell, John D. Mercier, James Price, Seth No- 
ble, Martha Bogart, relict of Abraham Bogart, and formerly 
relict of Daniel Tucker, and John Halsted, respectively, 
six hundred and forty acres, each ; David Jenks, Ambrose 
Cole, James Cole, Adam Johnson, the widow and heirs of 
colonel Jeremiah Duggan, Daniel Earl, junior, John Paskell, 
Edward Chinn, Joseph Cone, and John Torreyre, respective- 
ly, three hundred and twenty acres, each; Samuel Falesp 
one hundred and sixty acres; which several tracts of land 
shall, except the last, be located in half sections by the re- 
spective claimants. 



[Act of February 24, 1810, 4 v. L. U. S. p. 246.] 

Sec. 1. That all persons having claims under the resolu-P<^rsonsclaim* 
tions of Congress, passed the tw^enty-third day of April, one ^^ff^^^egg ^^ 
thousand seven hundred and eighty-three, and the thirteenth present their 
of April, one thousand seven hundred and eighty-five, as Re- accounts, 
fugees from the British provinces of Canada and Nova- 
Scotia, shall transmit to the war office, within two years af- 
ter the passing of this act, a just and true account of their 
claims to the bounty of Congress. 

Sec. 2. That no other person shall be entitled to the bene- Descriptions 
fits of the provisions of this act than those of the Allowing J'.^^jP^^^^^^]^^^'' 
descriptions or their widows and heirs, viz: First, Those benefit of thi^ 
heads of families, and single persons not members of any act. 



7d 



REFUGEE LA:NrJS* 



TIiP proof re 
q^uirccL 



SAicli families, who were residents in one of the ptovinces 
aforesaid prior to the iburth day of Jul}', one thousand seven 
hundred and seventy-six, and who abandoned their settle- 
ments in consequence of having given aid to the United 
Colonies or States, in the revolutionary war, against Great 
Britain, or with intention to give such aid, and continued in 
the United States, or in their service, during the said war, 
and did not return to reside in the dominions of the King of 
Great Britain prior to the tv, enty-tifth day of November, one 
thousand seven hundred and eighty- three. Secondly, The 
widows and heirs of all such {>ersons as were actually resi- 
dents as aforesaid, who abandoned their settlements as afore- 
and died vvithin the United States, or in their service during 
the said war: And thirdly, All persons who were members 
of families at the time of their coming into th-e United States, 
and who, during the vv^ar, entered into their service. 

Sec. 3. That the proof of the several circumstances neces- 
sary to entitle the applicants to the benefits of this act, may 
be taken before a judge of the supreme or district court of 
the United States, or a judge of the supreme or superior court, 
or the first justice or first judge of the court of common 
pleas, or county court, of any state. 

fjecrefaiyof Sec. 4. That at thc expiration of fifteen m.onths from and 
war, i:c. to after the passing of this a'Ct, and from time to time thereaf- 
tify! ^ ' ^^^^ ^^ shall be the duty of the secretary for the department; 
of war, to lay such evidence of claims as he may have receiv- 
ed, before the secretary and comptroller of the treasury, 
and, with them, proceed to examine the testimony, and give 
tli€ir judgment, what quantity of land ought to be allowed 
to the individual claimants, in proportion to the degree of 
Tnrn^hifion of their respective services, sacrifices, and sufferings, in conse- 
n.W'iriti y. qiience of their attachment to the cause of the United States ; 
allowing to those of the first class a quantity not exceeding 
one thousand acres, and to the last class a quantity not ex- 
ceeding one hundred, making such intermediate classes as 
the resolutions aforesaid, and distributive justice may, in 
their judgnaent, require, and make report thereof to Con- 
gress. And in case any such claimant shall have sustained 
such losses and sutferings, or performed such services, foi 
the United States, that he cannot justly be classed in anj 
ene general class, a separate report shall be made of his 
circumstances, togethci' with the quantity of land that ought 
1o be allowed him, hav-ine: reference to the foregoing ratio: 
T*i:a\j^o. Provided,, That, in considering what compensation ought to 

be made by virtue of this act, all grants, except military 
grants, which may have been made by the United States or 
individual slate«, shall be considered at the just value there- 
of, at the time the same were made, respectivel)^, either in 
whole or in part, as the case may be, a satisfaction to those 



REFUGEE LANDS. 71 

who may have received the same: Provided^ also^ That noTroviso, 
claim under this law shall be assignable until after report 
made to Congress as aforesaid, and until the said lands be 
granted to the persons entitled to the benefit of this act. 

Sec. 5. That all claims in virtue of said resolutions of Claims not 
Congress which shall not be exhibited, as aforesaid, within ^^*"^^*^^''^^^*"'' 
the time by this act limited, shall forever thereafter be bar- * 
red: Provided^ That no patent shall be issued to any person Proriso. 
who may hereafter establish his claim under the said act, 
until he produce satisfactory evidence, to the secretary of 
the treasury, that he is at the time then being a resident 
within the United States. 



[Act of April 23, 1812, 4 v. L, U, S. p, 414 J 

Sec. 1. That the following persons, claiming lands under 
the act, entitled "An act to revive and continue in force an ,rranteerand 
act entitled 'An act for the relief of the Refugees from the quantity ti. 
British provinces of Canada and Nova-Scotia," passed on cacl>. 
the sixteenth day of March, one thousand eight hundred 
and four, shall, respectively, be entitled to the following 
qtiantities of land, that is to say: Charlotte Hazcn, widow 
of Moses Hazen; Chloe Shannon, wife of James Noble 
Shannon, and relict of Obadiah Ayer, deceased ; the heirs 
of Elijah Ayer, and the heirs of Israel Ruland, respectively, 
nine hundred and sixty acres; Elijah Ayre, jun. and the 
heirs of Anthony Burk, respectively, three hundred and 
twenty acres. And that the following persons, claiming 
lands under the act, entitled "An act further to provide for 
the Refugees from the British provinces of Canada and Nova- 
Scotia, and for other purposes," passed on the twenty-fourth 
day of February, one thousand eight hundred and ten, shall, 
respectively, be entitled to the following quantities of land; 
that is to say: The heirs of James Boyd, two thousand two 
hundred and forty acres; the heirs of Nathaniel Reynolds, 
the heirs of Edward Antill and Joshua Sprague, respectively, 
nine hundred and sixty acres; Robert Sharp, John Fulton, 
and John Morrison, each, six hundred and forty acres ; James 
Sprague, David Dickey, John Taylor, and the heirs of Gil- ^g^;;^^;;;"'^^^ 
bert Seamans, deceased, respectively, three hundred and the (Vactional 
twenty acres; which several tracts of land shall be located rest rven 
within the boundaries of the fractional townships, reserved ^"^^'''^^^i^~' 
and set apart for the purpose of satisfying the claims of the 
Refugees from Canada and Nova-Scotia; and the locations 
shall be made, and patents granted, in tlie manner, and on the 
conditions, prescribed by former laws, except as to the time 
for making the locations ; which locations shall be made on 
the day or days that the se.cretary of the treasury shall judge 



REFUGEE LANDS* 

most convenient for the claimantSj and shall designate for 
the purpose. 

Note.— Act of March OM, 1803, a v. L. U. S. p. 557, sec. 1. Samuel 
Ilogcrs shall be entitled to 2240 acres, to be located, &c. as designated in 
actof 18th February, 1801. 

Act of March 16th, 1304, sec. 1, 3 v. L. U. S. p. 587, revivee and contin- 
tie." in force, for two years, the act of 7th April, 1798. 

Act of April 20th, 1816, 1st sess. 14th Cong. p. 125, sec. 1. Lands set 
apart for Rcfuirces, and not located, attached to Chillicothe district and di- 
rv^cted to be sold. If not disposed of at public sale, to be sold as other lands. 
Not to be sold lor le^s than $2 per acre. £ec. 2. Bupeiintendcnts to receive 
'►■4 per day. 



MMn&f^ DC tiie ai'Hitr^ asrctHteiv 



lOrdmance of^Oth May, 1785, 1 v. L. U. S,p.5Q8.] 

And be it further ordained That the towns of Gnadenhut- j^^^^ r'-aerv- 
ten, Schoenbrun, and Salem, on the Muskingum, and so ed for the use 
much of the lands adjoining to the said towns, with the build- of Christian 
ings and improvements thereon, shall be reserved for the sole^^^^^^^* 
use of the Christian Indians, who were formerly settled there, 
or the remains of that society, as may, m the j udgnient of the 
geographer, be saflicient for them to cultivate. 



[Resolution of Julij 21ili, 1787, \-c.L. U. S, p, 569.] 
A motion being made in the words following: 

Whereas the United States in Congress assembled, liave, 
by their ordinance, passed the 20th of May, 1785, among 
other things ordained, that the tovv'ns of Gnadenhutten, Scho- 
enbrun, and Salem, on the Muskingum, and, so much of the 
lands adjoining to the said towns, with the buildings and im- 
provements thereon, shall be reserved for the sole use of the 
Christian Indians who were formxcrly settled there, or the re- 
mains of that society, as may, in the judgment of the geograr 
pher, be sufficient for them to cultivate: 

Resolved, That the board of treasury except and reserve Board of trea- 
out of any contract that they may make for the tract describ- sury to except 
ed in the report of the committee which, on the 23d instant, ^^^^^^^^^^^ 
was referred to the said board to take order, a quantity of 1O5OOO acres, 
land around and adjoining each of the before mentioned 
towns^ amounting, in the whole, to ten thousand acres; and 
that the property of the said reserved land be vested in the 
Moravian Brethren, at Bethlehem, in Pennsylvania, or a So- 
ciety of the said Brethren, for civilizing the Indians and pro- 
moting Christianity, in trust, and for the uses expressed as 
above in the said ordinance; including Killbuck and his de- 
scendants and the nephew and descendants of the late cap- 
tain White Eyes, Delaware chiefs, who have distinguished 
themselves as friend=5 to the cause of America, 

K 



LANDS OF THE UNITED ERETHilEN. 

Ordered^ That the above be also referred to the board 
of treasury to take order. 



{Ordinance of September 3d, 1788, 1 v, L, U. S, p. 579.] 

On a report of a committee, consisting of Mr. Clark,2Mr. 
Williamson, and Mr. Madison, to whom was referred a me- 
morial of John Etwein, of Bethlehem, President of the 
Brethren's Society for propagating the Gospel among the 
Heathen : 

ri-eamblei Whereas the United States in Congress assem.bled, by 

their ordinance of the 20th of May, 1785, among other things, 
ordained that the towns of Gnadenhutten, Schoenbrun, and 
Salem, with lands adjoining to the said towns, be reserved for 
the sole use of the Christian Indians, who were formerly set- 
tied there, or the remains of that society ; and by an act of 
the 27th July, 1787, directed the board of treasury to except 
and reserve out of any contract they mjght make pursuant to 
an order of the 23d of the same month, a quantity of land 
around and adjoining to each of the before mentioned towns, 
amounting in the whole to ten thousand acres, and ordered 
the property of the said towns and reserved lands to be vested 
in tlie Moravian Brethren at Bethlehem, in Pennsylvania, or 
the Society of the said Brethren for civilizing the Indians, and 
promoting cbristianitv (or as they are called. The Society of 
the United Brethren for propagating the Gospel among the 
Heathen) in trust and for the uses expressed in the said or- 
dinance, including others, as mentioned in the said act of 27th 
July, 1787; and whereas it has been agreed that the plot of 
each of the towns should be estimated at 666| acres, so that 
each town and the reserved land adjoining shall make a tract 
of four thousand acres; and whereas the remnant of the said 
Christian Indians are desirous of leturnin.g to their towns as 
speedily as possible, and the United Brethren, to facilitate 
this without loss of time, have offered to advance the ex- 
penses of surveying the three tracts, on condition they be 
repaid, either in money or Jand: 

Ordered, That the geographer of the United States sur- 
Geographerioygy^ ^Y ^^^^g^ ^q ]jq surveyed, as speedily as possible, without 
tracts! ^^^^ interfering with the business he is sent to execute, the three 
tracts of Gnadenhutten, Schoenbrun, and Salem, on the Mus- 
kingum, including the reserved land adjoining each of the 
said towns, and return plots thereof to the board of treasury, 
tbat deeds may be issued for the same as is mentioned above; 
and that he also survey, or cause to be surveyed, the inter- 
(ne.diate spaces, if any there be, between t.he said three tracts, 



1 



LANDS OF THE UNtTED BRETRREm 15 

and return plots thereof, with an account of the expense, to 
the board of treasury; and that the said board, provided it can 
be dope without infringing any contract tbcy may have al- 
ready made, convey the game to the said United Brethren, or 
the Society of the said Brethren for propagating the Gospel 
among the Heathen, upon their paying for tlie said interme- 
diate space or spaces when the said survey shall be returned 
by the geographer, at the rate at which such lands are grant- 
ed to others, and also the expenses attending the surveying 
and plotting the said spaces, deducting the sum advanced for 
surveying the three tracts: Provided, That in case any of the 
above mentioned lands shall fall within the supposed bounds 
of the million of acres reserved for the late army, that the 
said bounds shall be understood to extend so far to the west- 
ward as to include the million of acres exclusive of the above 
mentioned lands. 



[Ad of June 1st, 1796, 2 v. L. U. S. p. 567.] 

Sec. 5. That the said surveyor general be, and he i^rpi . . 
hereby, required to cause to be surveyed three several tracts of 4000 acres 
of land, containing four thousand acres each, at Shoenbrun, each to be 
Gnadenhutten, and Salem; being the tracts formerly set ^*^^'^'^3^^'^^" 
apart by an ordinance of Congress, of the third of Septem- 
ber, one thousand seven hundred and eighty-eight, for the 
Society of the United Brethren for propagating the Gospel 
among the Heathen ; and to issue a patent or patents for the 
said three tracts, to the said Society, in trust, for the uses 
and purposes in the said ordinance set forth. 



[Act of May 2'8//i, 1824, \st sess, ISth Cong, p. 107.] 

Sec. 1. That the three several tracts of land, lying in the Three tracts 
county of Tuscarawas, in the state of Ohio, lately retro- to be surveyed 
ceded to the United States by the Society of the United :^"^ ^^^^ oil- 
Brethren, for propagating the Gospel among the Heatlien, "^^° ^°^^' ^^' 
shall be surveyed and laid off into such lots, having regard 
to the existing surveys and improvements thereon, as will 
best conduce to the sale thereof: Provided, That the lots and 
tracts which the United States are bound to convey to the 
said Society, shall be laid off according to the contract for 
retrocession: And provided, also, That a suitable number of 
in-lots and out-lots, in the town of Gnadenhutten, shall be 
laid off for said town, embracing the improved part thereof, 
and the fields adjoining, now occupied by the inhabitants. 



75 tANDS 6f the united BtlETHftElSr* 

which shall be platted and numbered, and a copy recorded 
in said county, according to the laws of Ohio. 

Note.— Sec. 2, of this act, provides for the appointment of an agent to su- 
perintend the surveying of the lots, &c. ; to ascertain the cash value of the lots,, 
•with the improvements, subject to the conditions of the out standing leases ; 
to receive a surrender of the leases ; and superintend the sales of land.— 
Sec. L'. A right of pre-emption granted to John Andreas, John Neigamcn, 
Jacob V/insh, and Catherine Tschudy, at the real value of the lots occu- 
pied by them. Notice to be given before the lots are valued. Sec. 4. See 
*'Lands for the support of the Gospel," &c. Sec. 5. Notice to be given and 
lands offered for sale at the court house in New-Philadelphia. Lots not to 
be put up at a less sum than the actual cash value. Sec. 6. Agent's oath 
and bond. Sec. 7. Lots unsold at auction, moy be entered at the land office 
in Zancsville. Sec. 8. When Christian Indians wi?h to remove from the 
river Thames, President may designate a reservation of not less than 24,O0C 
acres, to be held by them as other Indian reSeTratione arc held. 



II 






CESSION FROM THE STATE OF CONNECTICUT. 

[September 14th, 1786, 1 v. L, U, S, p, 484.] 

The delegates from Connecticut having thereupon pro- 
cfeeded and executed a deed of cession, agreeable to the reso- 
lution of 26th May last, in the words following: 

To all who shall see these presents, we, William Samuel 
Johnson and Jonathan Sturges, the underwritten delegates 
for the state of Connecticut in the Congress of the United 
States, send greeting : Whereas the General Assembly of the 
state of Connecticut, on the second Thursday of May, in the 
j^ear of our Lord one thousand seven hundred and eighty- 
six, passed an act in the following words, viz: "^e it enacted ^^^^^^-^^y^^ 
by the governor, council, and representatives in general cowr/ necticut. 
assembled, and by the authority of the same, That the dele- 
gates of this state, or any two of them, who shall be at- 
tending the Congress of the United States, be and they are 
hereby directed, authorized, and fully empowered, in the 
name and behalf of this state, to make, execute, and deliver, 
under their hands and seals, an ample deed of release and 
cession of all the right, title, interest, jurisdiction, and claim, 
of the state of Connecticut, to certain western lands, begin- 
ning at the completion of the forty-first degree of north lati- 
tude, one hundred and twenty miles west of the western 
boundary line of the commonwealth of Pennsylvania, as now 
claimed by said commomvcalth, and from thence by a line 
drawn north, parallel to, and one hundred and twenty miles 
west of the said west line of Pennsylvania, and to continue ^ 
north until it comes to forty-two degrees, and two minutes 
noHh latitude. Whereby all the right, title, interest, juris- Territory to 
diction, and claim of the state of Connecticut to the lands be ceded. 
lying west of said line to be drawn as aforementioned, one 
imndrcd and twenty miles west of the western boundary 
line of the commonwealth of Pennsylvania, as now claimed 
by said commonwealth, shall be included, released and ced- 
ed to the United States in Congress assembled, for the com- 
mon use and benefit of the said states, Connecticut inclu- 
sive." Now, therefore, know ye, that we, the said William j? i . r, 
Samuel Johnson and Jonathan Stur«^es, bv virtue of tlie "^ ^^^' 



78 WESTERN RESERVE OF CONNECTICUT* 

power and authority to us committed by the said act of the 
Gciieral Assembly of Connecticut, before recited, in the name 
and for and on behalf of the said state of Connecticut, do, 
by these presents, assign, transfer, quit-claim, cede, and con- 
vey, to the United States of America, for their benefit, Con- 
necticut inclusive, all the right, title, interest, jurisdiction, 
and claim, which the said state of Connecticut hath in and 
to the before mentioned and described territory or tract of 
country, as the same is bounded and described in the said 
act of Assembly, for the uses in the said recited act of Assem- 
bly declared. 

In witiiess whereof^ we have hereunto set our hands and 
seals, this thirteenth day of September, in the year 
of our Lord one thousand seven hundred and eightv- 
six, and of the sovreignty and independence of the 
United States of America the eleventh. 

WILL. SAM. JOHNSON, [l. s.] 
JONATHAN STURGES, [l. s.] 
Signed^ sealed, and delivered, in the presence of 
Cha. Thompson, 
Roger Alden, 
J AS. Mathers. 
On motion, 
Resolved, That Congress accept the said deed of cession; 
and that the same be recorded and enrolled among the acts 
of the United States in Congress assembled. 



[Jlct of April 2Bth, 1800, 3 v, L. U, 5, j?. 364.] 

The President Skc. 1 . That the President of the United States be, and 
authorised to he hereby is, authorized to execute and deliver letters patent, 
^atent^to'tl ^'^ ^^^ name and behalf of the United States, to the governor 
govenjorof^ C)f the state of Connecticut, for the time being, for the use 
Connecticut, and benefit of the persons holding and claiming under tJie 
^^* state of Connecticut, their heirs and assigns, forever, where- 

by all the right, title, interest, and estate, of the United 
States, to the soil of that tract of land lying west of the west 
line of Pennsylvania, as claimed by the state of Pennsylvania, 
and as the same has been actually settled, ascertained, and 
run, in conformity to an agreement between the said state of 
Pennsylvania and the state of Virginia, and extending from 
said line, westward, one hundred and twenty statute miles in 
length, and in breadth throughout the said limits in length, 
from the completion of the forty-first degree of north latitude, 
until it comes to forty-two degrees and two minutes north 
latitude, including all that territory commonly called the 
Western Reserve of Connecticut, and which was excepted 
by said state of Connecticut out of the cession by the said 



WESTERN RESERVE OF CONNECTICUT. 



79 



state heretofore made to the United States, and accepted by 
a resohition of Congress of the fourteenth of September, one 
thousand seven hundred and eighty-six, shall be released and 
conveyed as afores^lid to the said governor of Connecticut, 
and his successors in said office, forever, for the purpose of 
quieting the grantees and purchasers under said state of Con- 
necticut, and confirming their titles to the soil of the said tract 
of land. 

Provided^ however, That such letters patent shall not be Provist) : let- 
executed and delivered, unless the state of Connecticut shall, ^crs not to i=- 
within eight months from passing this act, by a legislative tilatTtate re- 
act, renounce forever, for the use and benefit of the United nounccs juris- 
States, and of the several individual states who may be there- fictional 
in concerned, respectively, and of all those deriving claims ^ ^^°^^' ^' 
or titles from them, or any of them, all territorial and juris- 
dictional claims whatever, under any grant, charter, or char- 
ters whatever, to the soil and jurisdiction of any and all lands 
whatever, lying westward, northwestward, and southwest- 
ward, of those counties in the state of Connecticut, which 
are bounded westwardly by the eastern line of the state of 
New York, as ascertained by agreement between Connecti- 
cut and New York, in the year one thousand seven hundred 
and thirty-three, excepting only from such renunciation the 
-claim of said state of Connecticut, and of those claiming from 
or under the said state, to the soil of said tract of land, herein 
described uader the name of the VV^estern Reserve of Con- 
necticut. 

And provided also, That the said state of Connecticut shall, I'l'^V^o- ^^^ 
within the said eight months from and after passing this act,^^^^^^^ ^ ^^^J 
hy the agent or agents of said state, duly authorized by the by agents, 
legislature thereof, execute and deliver, to the acceptance 
of the President of the United States, a deed, expressly 
releasing to the United States the jurisdictional claim of the 
said state of Connecticut, to the said tract of land, herein 
described under the name of the Western Reserve of Con- 
necticut, and shall deposite an exemplification of said act of 
renunciation, under the seal of the. said state of Connecticut, 
together with said deed, releasin*^ said jurisdiction, in the 
office of the department of state of the United States ; which 
deed of cession, when so deposited, shall vest the iurisdiction 
of said territory in the United States: Provided, That neither 
this act, nor any thing contained therein, shall be construed 
so as in any manner to draw into question the conclusive set- be^^eerfcon ■ 
tlement of the dispute between Pennsylvania and Connecti- necticut and 
cut, by the decree of the federal court at Trenton, nor to im- Pennsylvania 
pair the right of Pennsylvania, or any other state, or of any "°* *^ .^^^ 
person or 'persons claiming under that or any other state, in question by 
any existing dispute concerning the right, either of soil or of this act. 
jurisdiction, with the state of Connecticut, or with any person 
or persons claiming under the state of Connecticut: And pro- 



80 \T£STERN RESERVE OF CONNECTICUT. 

The U. ^UiteBzided alsG, That nothing herein contained shall be construed ii^ 
extin'^urshthe^"^' manner to pledge the United States for the extinguish- 
Jacliaii titit. ment of the Indian title to the said lands, or further thaij 
merely to pass the title of theUnited States thereto.* 



DEED AND ACT OF COIN^NECTICUT, 

[Mai/ 30M, ISOvO, Id i\ L. U. S,p, 485.] 

To all ,who shall see these presents, I, Jonathan TrumhnlL 
^eV^^ t^M- b^"^'^™^^ of the state of Connecticut, send greeting: 
I80<r" ' ^^ IVhereas the General Asscrably of the state of Connecti- 
cut, at their session holden in Hartford, on the second Thurs- 
day of May, one thousa.nd eight hundred, passed an act, en- 
titled '' An act renouncing the claims of this state to certaii^ 
lands therein mentioned," in the words following to wit: — - 
" Whereas the Congress of the United States, at their ses- 
sion, begun and holden in the city of Philadelphia, on the 
first Monday of December, in the year one thousand seven 
hundred and ninety-nine, made and passed an act, in the 
words foljov/ing, to v/it: (here follows the act of Congress, 
of the 23th of April, 1800:] therefore, in consideration of the 
terms, and in compliance with the provisions and conditions 
Claims re- of the said act, Be it enacted^ hy the governor and council^ 
;iQiinc-fd. and house of rcpresentoAixes^ in general court assembled.) That 
the state of Connecticut doth hereby renounce forever, 
for the use and beneiit of the United States, and of the 
several individual states, who may be therein concerned re- 
spectively, and of all those deriving claims or titles from them 
or any of them, all territorial and jurisdictional claims what- 
ever, under any grant, ch.arter or charters whatever, to the 
soil and jurisdiction of any and all lands whatever lying vrest- 
ward, northwestward, and southwestward, of those counties 
in the state of Connecticut, which arc bounded westwardly 
by the eastern line of the state of New- York, as ascevtained 
by agreement between Connecticut and New- York, in the 
year one thousand seven hundred and thirty-three ; except- 
ing only from this renunciation, the claim of the said state of 

* By art. 4, of the treaty of Fort Industry, 'nly 4, 1805, it appears that 
flie "Fro])rielors of the huif million of acres of land, lying south of Lake 
iVi'ie, called Sufferers' Land," furnished an annuity of one hundred and 
sevf^nty-five dollars to the Wyandots, Mnnsecs, and Delawares, and those 
of th.e Shawanoes and Scnccas who resided with tJie Wyandots. By art. 
5, the Ottawcs and Chippewas and such of the Pottawatamiesas resided on 
the river Huron, received from said "Proprietors" the sum of $4,000 in 
hand, who secured to the President, in trust for them, the further sum of 
.^12,000, paya'ole iu six annual instalments, which several sums, with, 
,•$2916 67 cent-, to r;iise said sum of .$ 175 annuity, over the consideration 
paid by the aj^cnts of the Connecticut Reserve to extinguish the Indiaia. 
claimi-i to that tract of land. 



WESTERN RESERVE OF OOXX'ECTI.CtT. ^1 

Connecticut, and of those claiming fronft or under the said state Governor an- 
of Connecticut, to the soil of said tract of land, in said act *!^'^"'^.^jj ^JJ '."^ 
of Congress described under the name of the Western Reserve ofjurisdictioir 
of Connecticut, And be it further enacted., That the gover- &;c. 
nor of this state for the time being, be, and hereby is, 
empowered, in the name and behalf of this state, to execute |^„.^gg^ 
and dehver to the acceptance orf the President of the United 
States, a deed of the form and tenor directed by the said act 
of Congress, expressly releasing to the United States the 
jurisdictional claims of the state of Connecticut, to all that 
territory called the Western Reserve of Connecticut, ac- 
cording to the description thereof in said act of Congress, and 
in as full and .ample manner as thereiii is required. 

Therefore, know ye, that I, Jonathan Trumbull, gover- 
nor of the state of Connecticut, by virtue of the powers vest- 
ed in me, as aforesaid, do, by these presents, in the nama 
and for and on behalf of the said state, remise, release, and 
forever quit-claim, to the United States, the jurisdictional 
claim of the state of Connecticut, to all that tract of land 
called, in the aforesaid act of Cougress, the Western Re* 
eerve of Connecticut, and as the same therein under that 
riame is particularly and fully described. 

/n witness whereof, I have hereunto subscribed my name^ 
and affixed my seal, in the council chamber at Hart- 
ford, in the state of Connecticut, this thirtieth day pf 
May„ in the year of our Lord one thousand eight hun- 
dred, and in the twenty- fourth yc^tr of the independ' 
«^;nce of the United States. 

JONATHAN TRUMBULL, (l. s.) 



^iituvtm* ^mis. 



[Besolutlon of Connecticut, of Ma^ 'iOik^ 1793.] 

(certified.) 

Upon the memorial of the inhabitants of the towns of Fair- Preaxftb|.Qv 
field and Norwalk, shewing to this Assembly, that many 
of the inhabitants of said towns, suHTered great lo&ses 
by the devastations of the enemy, during the late war, 
praying a compensation therefor; and on report of a 
committee appointed by this Assembly, at their sessions 
held at Hartford, in May, 1791, to ascertain from docu- 
ments in the public offices, the amount of the losses of 
the said memorialists, and others, under similar circum- 
stances, which had been estimated conformably to apt? 

L 



tt 



>rESTERN RESERVE OF CONNECTICUT. 



>^,00G acres 
released to 



of this Legislature, being such as were occasioned hy 
incursions of the enemy during the late war, distin- 
guishing the losses of buildings and necessary furniturCj 
from those of other articles, by said documents, or other- 
wise; and also, to ascertain the advancements which 
have been made to the Sufferers, by abatement of 
taxes, or otherwise; and report the same, with their 
opinion relative to the ways and means of affording 
further relief, as per memorial and report on file. 
Resolved by this Assembly^ That there be, and thej'e here- 
by is, released and quit-claimed to the Sufferers hereafter 
named, or their legal representatives, where they are dead, 
and to their heirs and assigns forever, live hundred thousand 
acres of the lands belonging to this state, lying west of the state 
of Pennsylvania, and bounding northerly on the shore of 
Lake Erie, beginning at the west line of said lands, and -ex- 
tending eastward to a line running northerly and southerly, 
parallel to the east line of said tract of land belonging to 
this state, and extending the whole width of said lands, and 
easterly, so far, as to make said quantity of five hundred 
thousand acres of land, exclusive of any lands within said 
bounds, if any be, which may have been heretofore granted 
to be divided to and among the said Sufferers, and their 
legal representatives, where they are dead, in proportion to 
the several sums annexed to their names, as follows, in the 
annexed list. 



OF THE TOWN OF GREENWICH. 



tSufferers'^ 
names and 
losses. 





£. 


s. 


d. 




£. 


s. 


d. 


John Addington 


10 








WiUiam Blalre 


3 


1 


3 


Samuel Ask 


11 


18 


n 


Bazaleel Brown 


67 


15 


8 


Abigail Armour 


6 








Charity Banks 


8 


4 


6 


Mary Austin 


3 


3 


7 


Silas Betts 


217 


4 


1 


Isaac Anderson 


44 


10 


Oh 


David Bush 


\h9 


5 


11 


Obadiali Banks 


41 


17 


8 


James Brundage 


30 


1 


4 


Jeremiah Chapman 


3 


12 


11 


Jam:€s Brush 











Odel Close, jun. 


15 


7 


11 


Samuel Brush 


13 


13 


8 


H. N. Church 


25 


2 





Deborah Brush 


31 


5 


1 


Episcopal Church 











Walter Butler 


2 








Jonathan Connery 


63 








Charles Brundage 


3 


19 


4 


Peter Cyphas 


22 


13 





Elisha Belcher 


39 


1 





James Cunningham 


12 








William Brundage 


49 


10 


n 


Laurau Brumall 


4 








Peter Brown 


5 


5 





James Brown 


15 


5 


5i 


John Clapp, jun. 


129 


2 


3 


William Bush 


41 


6 


9i 


Thomas Clapp 


333 


17 


7 


John Bush 


10 


10 


9 


Od«l Close 


257 


10 


3 


James Barns 


61 


9 


10^ 


Jacob Conklin 


63 


1 


3 


Samuel Banks 


2 


15 


u 


Newell Conklin 


2 


19 


3 


Roger Brown 


147 


13 


101 


Odel Close, Admr. 


49 


3 


10 


Isaac Bush 


4 


10 





Reuben Coe 


33 


16 


4 


Nchemiah Brown 


94 


16 


o 


Abraham Close 


17 









WESTERN RESERVE OF CONNECTICUT. 



■n 



£• 

Joseph Close 1 44 

Jonathan Coe 40 

Joseph Chambers 9 

Deborah Close 12 

Daniel Carter 4 

Hannah Close 3B 

Thomas Davis 8 

Stephen Davis 112 

Daniel D arrow 19 

Humphrey Denton 73 

John Dunn 15 

Isaac Davis 15 

James Ferris 42 

Uriah Field ' 212 

Oliver Faircliild 8 

Jabez Ferris 28 

Jonathan Finch 

Kathuel Finch 27 

Timothy Ferris 16 

Solomon Finney 1 7 

Joshua Franklin 26 

Sylvanus Ferris 42 

Jabez Fitch 41 

Josi,ah Ferris 20 

Timothy Finch 60 

Joseph Ferris 1 1 

Moses Ferris 6 

Ezra Finch 86 

Joseph Ferris 7 

Park Ferris 6 

John Gregg 213 

Charles Green 197 

Anne Griggs 43 
Jabez Holmes 

Reuben Holmes 32 

^ills Hobby 6 

Isaac Howe 83 
Mind well Hitchcock 18 

Abraham Hayes 23 
Thomas Hobby, jun. 18 

Hannah Hayes 1 

Joseph Hobby, jun. 25 

John Hobby 146 

Isaac Holmes 63 
David Hallcock 

Isaac Holmes, jun. 95 

William Hubbard 16 
Nathaniel Hibbard 3 

Thomas Hitchcock 33 

Nathaniel Heusted 41 

Ebenezer Howe 13 

Jona. Hibbard, jun. 31 

Benjn. Hubby 34 



s. 


d. 


15 


2 


10 


5 








7 


11 


10 





15 


11 


5 





14 


6 


4 


4 


19 


10 


. 





16 





13 


3 


15 


1 


10 


8 


5 


7 








16 


3 


10 





6 





16 


1 


14 


4 


3 


1 


3 


4 


8 


5 


























10 





8 


7 


12 


4 


12 


1 


5 





10 


2 








19 


7 


7 


10 


19 


10 


13 


4 


13 




16 


5 


4 


9 


10 


10 


15 





16 


11 


o 


3 


2 


6 


2 





7 


5 


12 


4 


9 


7 


13 


5 



£. 

Ebenezer Hubby 39 

Peter Heusted 86 

Abraham Heusted 
Moses Heusted, jun. 2 

Ebenezer Holmes 9 

James Hounam 208 

Meeting House 20 

Thomas Hobby 69 

Benjn. lleusted 6 

Nathl. Hubby 12 

Sarah Hait 3 

Joseph Hubby, jr. 3 1 

Eliz. Ingersoll 68 

Nathl. IngersoU 69 

Wm. Jacobs 60 

Anne Ingersoll 14 
Job Ireland 

Amps Jessup^ 20 

Thomas Johnson 41 

Wm, Johnson 8 

James Johnstone 8 

Israel Knapp. jun. 4 

Ebenezer Knapp 147 

Jonah Knapp 44 

Natiianiel Knapp 15 

Eunice Knapp 14 

Joshua Knapp 125 

John Knapp 23 

Charles Knapp 11 

Wm. Kinch 5 

Jonathan Knapp 26 
Ezekiel Knapp 
Abraham Knapp 

Widow Kinch 8 

Samuel Lockwood 108 

Israel Lockwood 51 

Philip I^ockwood 

Enos Lockwood 13 
Thaddeus Lockwood 54 

John Loudin 7 

Caleb Lyon 9 

Joseph Lockwood 30 

William Lee 7 
Timothy Lockwood 10 

Hannah Lockwood 29 

William Lockwood 18 

Gilbert Lyon 16 
Abraham Lockwood 

Amos Lyon 1 9 

James Lyon 58 

Ezekiel Lockwood 9 

James Lyon, jun. 7 

Caleb Lyon, jun. 29 



o 



s. d. 

11 11 Sufferers' 

8 11 flames and 
Q Q losses. 

3 

6 8 

17 


19 3 
O 



18 

9 

14 4 

16 7 


15 6 
4 I 
6 

15 1 



10 

15 5 

17 6 
.13 7 

8^ 

15 3 

9 3 

3 7 
2 9 

14 2 

9 7 

• 7 5 

6 
10 

14 4 

4 10 


15 

18 5 
10 

9 11 

19 6 
10 

4 8 

4 10 
19 2 . 
17 5 



5 4 

12 5 

13 1 
10 

7 9 



o4 



WESTERN RESERVE OF CONNECTftUTi 



Sufferer^ 
r»aine3 and 





£. 


s. 


'^, 




£. 


s., . 


E. 


TlieopliilosLockwood 2 








Caleb Mead, 2d 


76 


11 


7 


JonccS Mead 


20 


4 


1 


Abigail Mead 


6 








Andrew Marshall 


26 


14 


3 


Jonah Mead 


24 


12 





Peter Mead, jun. 


41 


4 


10 


Enos Mead 


12- 


12 


5 


Caleb Mead 


33 


17 


7 


Sybil Mead 


S6 


12 





iicuben Merrit 


25 


7 


9 


Angus M'Call 


33 


2 


7 


John Mead, jun. 


54 


16 


3 


Zacheus Blead 


9 


14 


7 


.Wathl. Mead, 3d 


13 


3 


5 


Ezra Marshall 


56 


1 


9 


Jared Mead 


C)8 





7 


Eikanah Mead 


7 


10 


11 


Daniel Marshall 


22 


1 


^* 


John Mesnard 


14 








Elizabeth Moore 


7 


2 





Andrew Mead 


36 








Martin McDonald 


4 


10 





Jotham Mead 


26 


10 


6 


Ezra Blar&hall 











Eliphalet & ) 
Jehiel Mead \ 


85 





Q 


Benjamin Mead 


111 


6 


5 


Rachael Marshall 


10 


6 


5 


Robert Nutt 


14 


16 


4 


Peter Mead, esq. 


138 


19 


9 


Francis Nash 


646 


7 


5 


John Mead 


162 


9 


9 


Daniel Ogden 


115 


15 


2 


Hannah Mead 


2 


15 





Joseph Palmer 


100 


9 


11 


Sarah Mead 


71 


5 


4 


Stephen Palmer 


6 


16 


1 


Ebenezer Mead 


5 


18 


4 


Sarah Parsons 


5 


16 


4 


Charles Mead 




4 


10 


Theophilus Peck, j^ 


r. 50 


6 


4 


EliphaletMead, jr. 


95 


10 


6 


Solomon Purdy 


83 


18 


9 


Jehiel Mead 


6 


12 


10 


James Phillips 


20 








Abraham Mead 


17 


19 


5 


Denham Palmer 


2 


6 


8 


Eliphalet Mead 


5 


2 


8 


John Palmer 


4 


2 





Nehemiah Mead 


55 


6 


2 


Mary Peck 


8 


8 


5 


Mathew Mead 


61 


12 


8 


Catharine Peck 


16 








Titus Mead 


95 


. 5 


2 


Heth Peck 


9 





11 


IS^ehemiah Mead, ji 


\ 9 


8 


3 


John Purdy 


10 


7 


1 


Daniel Merritt 


36 


6 


9 


Winans Palmer 


6 


14 


2 


Silas Mead 


62 


8 


7 


Daniel Palmer 


35 


19 


2 


Thomas j^Iesnard 


6 


7 


6. 


Benjn. Peck 


23 


16 


9 


Wm. Marshall 


14 


16 


11 


Samuel Palmer 


77 


4 


2 


Deliverance Mead 


39 





3 


Titus Palmer 


3 








Jemima Mead 


18 


8 


8 


Jereh. & Jona. W. 


!• 


9 


o 


Fvev. Jona. Murdock 79 


14 


4 


Palmer 


O 


Jesse Mead 


22 


8 


5 


Horton Reynolds 


65 


15 


10 


Henry Mead 


105 


4 


2 


Wm. Rundall 


81 


7 


1 


Elizabeth Mead 


13 


14 


9 


Susannah Rej^nold 


s 18 


16 


4 


Doct. Amos Mead 


180 


4 


8 


Anne Reynolds 


22 


2 


9 


Joshua Mead 


11 


8 


4 


Nathl. Reynolds, ir 


.10 


10 


4 


Jerusha IMead 


7 








John Rich 


21 


3 





JohnMesnardjJF. 


6 








Hannah Randall 


45 








James Moe 


32 


6 


2 


Hannah Rich 


9 








jN'athan Meri'itt , 


46 


13 


4 


Mary Rich 


44 


2 





Edraoud Mead 


11 


9 


11 


Reuben Rundall 


44 


2 





Jeremiah Mead, jr. 


92 


15 


7 


Amy Rundall 


4 


15 





(iilliert Marshall 











Joaiuia Reynolds 


12 


2 





Deliverance & ) 


200 








SolomoH Rundall 


39 


19 


6 


Jared Mead \ 


Thomas Rich 


45 


15 


9 


Henry Marshall 


35 


12 





Timothy Rundall 


7 


11 


8 


Joseph Mead 
"bhadiacii Mead 


39 


15 


3 


Jonathan Re3;nolds 


18 








42 








Abigail Rundall 


i~t 


2 






WESTERN RESERVE OF CONNECTICUT* 



86 



£• 



Sa,muel Rundall 
Ambrose k Jona 

Reynolds 
JNTatlianiel Reynolds 47 

Shubael Rundall 9 

Joseph Sacket 13 

Samuel Seymour 195 

Joshua Smith 149 

Jonah Smith 70 

Justus Sacket 223 

Daniel Smith 76 

Oliver Sherwood 10 

Drake Seymour 123 

Jabez Sherwood 47 

Henry Studwell 85 

Thomas Studwell 2 

Gilbert Sherv/ood 7 

Rev. Wm. Seward 25 

Benjamin Sutton 5 



s, d. 
6 4 



18 1 7 



15 
12 

12 

15 

7 

4 

16 

3 





19 5 



3 5 

17 6 

6 4 

13 8 

8 

11 2 



Daniel & Joshua^ 
Smith \ 

Gold John Sellick 
Roger Southerland 
Jesse Sutton 
John Town 
Wm. Town 
Oliver Tomkins 
Michael C. Timpany 
j\Iary Town 
Zebadiah Tayler 
William Waters 
Ebenezer Whelpley 
Israel Wood 
John W^illis 
John Weeks 
Francis Wilmot 
Jeifery Wilmeten 
Isaac Wholpley 



£. .S-. 


d. 


218 12 


6 


13 18 





14 12 


2 


6 8 


9 


15 4 


10 


3 3 





7 14 


6 


y76 14 


8 


4 10 





10 





11 12 


2 


f 1 8 


O 


182 


11 


47 18 


n 


9 14 


5 


6 





9 12 


6 


21 8 






Sufferers' 
names and 
losses. 



NORWALK. 

Account of the losses sustained by the inhabitants of J\'orwalk hi) 
the enemy. 



142 13 3 
157 4 1 



Thomas. Benedict 779 1 10 

Josiah Thatcher 400 6 5i 

James Fitch, jr. 319 16 6i 

Thomas Fitch 387 14 5-i 

James Fitch 219 9 5 

JohnLockwood,jr. 249 14 Oi 
Abraham Camp's |l 
heirs \ 
Seth Seymour's ) 
heirs \ 

Nathl. Raymond, jr. 144 5 II 

Fountain Smith 158 15 10 

John Seymour, jr. 161 19 21 

Abraham Benedict 73 3 ' 1 

ThonmsBetts 167 16 Ih 
John & Daniel \ 
Eversley \ 

John Benedict 172 12 8 

Daniel Hyatt .85 6 7 

Peter Betts 180 6 lOi 

Ebenezer Whitmg 108 13 9 

Gold Hayt 195 8 

Uriah Raymond 124 11 Lt 

Abigail Raymond 144 4 3 

Jabez Sanders 31 13 11 

John Cannon 1933 8 21 

Lois Whitney 88 11 M 

Stephen Smith 48 2 11 

Ezra Picket 82 31 0i 



154 9 6J 



John Saunders 241 
William Seymour 93 
Nalhl. Benedict 359 
Eliphalet Lockwood 72 1 
Hannah Hooker 211 
HezekiahLockwood 176 
John Gregory, jr. 221 
Ebenezer Gregory 57 
Daniel Smith 99 

Peter Quintaixl 401 
Noal Smith 89 

John D arrow 192 

Thaddeus Betts 254 
Matthew Mallory 87 
John St. John 51 

Wm. St. John 318 

John Hayt 72 

Daniel Jackson 53 

Josiah Thatcher,jr. 193 
Elizabeth Rogers 228 
Eliakim Raymond 297 
Lemuel Brooks 287 
Richard Camp 241 
Asa Hayt 381 

Catharine Boughton 23 
Elizabeth Ketchum 45 
John Kellogg 76 

John Seymour 345 

Josiah Wentworth 151 



18 10 

1 9 
13 3 

8 11-i 
13 9 

4 71 

11 O 

2 9 

5 n 



11 10 

19 

9 3 

4 11 

16 3 
11 

5 2 
2 5 

17 8 



14 

7 
15 



19 

17 

11 

10 6 

9 

5 

16 



8^ 



"rtTESTEIlN RESERVE Ot fcOimEGTlCU'^ 





£. s. 


d. 




£. s. 


d. 


Bnfierefs' 


Daniel Hanford 303 16 


4 


Elizabeth Rogers, 2d 1 5 





names and 


Jesse Benedict 114 7 


6 


Hannah Ha-nford 


60 3 


1 


losses. 


Samuel Fairchild 131 3 


11 


Deborah Pickett 


22 







Simeon Raymond 428 7 


3i 


Mary Resco 


2 19 







Jedediah Hanford 39 1 


11 


Rebecca Smith 


3 2 


9 




Enoch Benedict B4 1 


8 


Obadiah Siscat 


3 







David Hanford's } .. - „ 
heirs \ ^^ ^"^ 


9 


Abigail Weeks 


3 10 







Anne Seymour 


3 1 


.6 




Matthew Keeler 165 10 


10 


Piatt Townsend 


2 17 







Mary Benedict 40 





John Piatt 


16 


6 




David Comstock 313 18 





Stephen Lockwood 


18 12- 







Thos. Fitch's heirs 415 





Nathan Hyatt, jr. 


29 19 


11 




John Rich 72 6 





John Rogers 


41 1 


9 




Ebenezer Hyatt 76 15 


6 


Stephen Whitney 


19 5 







Nathan Mallory 157 12 





Jesse Brown 


44 


O 




Danl.Thatch'sheirs215 17 





HannahFitch'sheirsl41 2 


7 




Samuel Grummond 30 8 


6 


Jacob Arnold 


24 11 


8 




Ebenezer Lockwood 82 2 


2 


Daniel Hyatt 


9 


6 




Isaiah Marvin 158 10 


1 


John Eversley 


11 1 


2 




Eliakim Smith 203 16 


4 


Syphax Negro 


7 







Daniel Seymour, jr. 87 16 


6 


David Whitney 


12 


a 




Dan Finch 119 14 


7 


Anne Seymour 


6 17 


5 




Hezk. Raymond 152 14 


4 


John Lockwood 


9 12 


8 




JohnBetts 303 16 





David Judah 


9 19 







Edwd. Wentworth 80 13 


1 


Timothy Whitney 


.17 


6 




Isaac Scudder -661 16 





Thomas Betts, jr. 


13 14 







John Lockwood, 3d 2 1 8 4 





Haynes Fitch 


42 1 


3 




Nathan Jarvis 279 7 


6 


Michael Judah 


13 9 


6 




Jabez Raymond 293 13 





Uriah Smith 


35 9 







Nehemiah St. John 89 9 


6 


Samuel Burrall 


30 18 


6 




Hezk. Hanford 268 13 


8 


Hannah Brown 


6 3 


6 




Jona. Fitch's heirs 195 





James Hayt's heirs 


26 2 







Nathan Hayt 180 4 


6 


Stephen Keeler 


25 1 


3 




Daniel Fitch's heirs 259 9 


1 


David Both . 


6 19 


9 




John Belden 303 14 


6 


Eleazer Scott 


16 


9 




' Nathan Beers 195 1 





James Crowley 


3 14 


7- 




Benj. Isaac's heirs 406 8 


9 


Stephen St. John 


20 1 


a 




Samuel Marvin 3ia 3 


10 


Nathaniel Street 


33 12 


9 




Thomas Grummond 205 1 1 


4 


Moses St. John 


3 5 







Jacob Jennings 22 5 


6 


Isaac Waring 


3 10 







Jedediah Brown 162 7 





Giles Mallory 


12 4 


10 




Sarah Johnson 33 18 


10 


David Seymour 


3 19 







Joseph Whitney 182 11 


2 


Mary Harvey 


14 U 







Susannah Butler 6 10 





Rebecca Warson 


4 8 


3 




Abraham Gregory 60 9 


8 


Jarvis Kellogg 


2 3 


9 




Eydia Comstock 9 6 





William Mott 


10 14 


6 




Nathl.Benedict,2d 152 1 


3 


Mary Avery 


11 2 


6 




Josiah Raymond 239 . 9 


3 


Peter Hitchcock 


11 13 


6 




Col.Steph.St.John 713 6 


7 


•Toshua Rogers 


14 15 


3 




Daniel M'Auley 248 7 





Desire Siscat 


8 7 


6 




Daniel Seymour 11 18 


10 


Robert Waters 


11 15 


4 




Deborali Dickenson 17 2 


6 


Jedediah Raymond 


10 18 


3 




Jane Hitchcock 19 8 


6 


Nehemiah St. John, 


2d6 11 






WESTERN RESERVE OF CONNECTICUT. 



£. s. d. 
Esther St. John 2 2 

Mary Lockwood 2 8 6 

James Smith 2t 13 

Betsey Hale 22 9 11 

Mary Brown 9 18 

Silas Bessey 12 16 3 

Abraham Lockwood 2 12 
Abner Booth 40 1 6 

Charles Pope 7 10 7 

Gershom Hyatt 32 5 

Pomp Leaming 14 10 

Bewley Arnold 12 8 

Sarah Eversley 26 13 5 

Blary Smith 17 5 

Thomas D arrow 17 5 2 
J^athan Hendrick 19 18 3 
Wm. Garner ll 4 3 

Stephen G.Thatcher 13 1 5 
Stephen &; Hooker | 30 1 6 

St. John \ 

Nathaniel Raymond 4 4 
Susanna Fitch 24 

Thomas Hayes 18 

AuleyM'Auley 30 19 3 

Joseph A. Wright 95 18 8 
Doct. Uriah Rog-) 
ers' heirs \ 
Jesse Raymond 147 
John Richards 7 

Joseph Waring 14 

Isaac Richards 44 

Eli Read 53 

Jesse Read 3 

John Bigsby 7 

Benjamin Read 42 

Daniel Richards l2 
Solomon Whitman 17 
David Read 126 

Nathan Waring 32 
Richard Youngs 31 
Mary Read 47 

Gershom Richards 3< 
Clapp Raymond 34 
John Birchard 35 

Sith Abbot 55 

Capt. EliakimRay-^ ^.^ 

mond \ 

Simeon Stewart 69 
Capt. Phineas Han- \ . „ 



225 



t 



ford 
Azor Mead 36 

Phineas Han-brd. jr. 25 



2 

6 
18 
10 
10 
11 


14 

5 
17 

7 
14 

5 
17 
13 

3 

9 
•7 

17 

:o 

A 

6 

9 



Kichard Purming 26 lO 6 j Thaddeus Morehouse 



Matthew Marvin l9 
Elizabeth Whelpley 17 
Lydia Fitch 19 

Elijah Fitch 10 

Samuel Keeler 30 

Saml. Middlebrook 14 
E^ra Waterbury 1 1 
Hannah Gregory 13 
Ebenezer Bennet,jr. 14 
Nathan Adams i4 

James Betts i7 

Benjamin Keeler 10 
Nathan Keeler 3 

James Whelpley 4 

Capt. Saml, Comstock 2 
Benjamin Betts 2 

Rev. Isaac Lewis 5 
Daniel Sturges 1 

Peter Sturges 
Esther Wasson 5 

CaptJosialiThatcherie 
Ephraim Steward 5 
Silas Hicok 3 

Jesse Birchard 7 

Simeon Steward, jr. 8 
Benjamin Steward 14 
JohnFillco 1 

Col. Mathew Mead 4 
David Webb 1 

John Rockwell 5 

Elizabeth Gaylord 5 
Nathan Hicok 2 

James S. Olmsted 2 
Samuel Stewart 12 
Michl. Blorehouse, jr. 7 
Andrew Morehouse 1 
Michael Morehouse 4 
James Keeler 8 

Josiah Taylor, jr. 4 
Thaddeus Keeler 2 
Sarah Morehouse 6 
Ebenez«r Fitch 2 

Nathan Burrall 2 

Jeremiah Webb 7 

Elizabeth Dunning 7 
Solomon Morehouse 5 
Rebecca Deforest 7 
Mary Fleet 15 

Benjamin Betts, jr. 3 
James Olmsted 7 

Wm. St. John 35 

Daniel Gregory 18 



s. d. 

8 Safferers» 

17 8 names apd 

±0 IQ losses. 

5 2 

14 

9 11 

6 4 

3 4 
2 8 

2 

19 .4 

7 

5 4 



11 11 

1 4 

15 8 

14 
8 

7 4 

4 4 

12 6 
12 

6 
19 7 

15 2 
19 4 
10 8 
IG 

8 

5 3 
18 8 

2 

7 4 

16 

3 

4 8 

9 10 

5 10 
4 4 

10 

17 4 



11 O 
15 8 
10 
10 

9 

12 
18 8 

3 



8i? 



Snfferers' 
names and 
losses. 



WESTERN 


RES 


ERVE OF CONNECTICUT 


• 








£. 


s. 


d. 




£. 


s. 


^. 


Joseph Olmsted . 


. 2 


8 





William Raymond 5 








Thaddeus Belts 


18 


8 


6 


Piloses Raymond 


6 








Eliphaiet Lockwood 23 


18 





Timothy Hayt 


6 








Jabez Raymond 


38 


16 





Benjamin Merril 


5 








Charles Pope 


6 








Jedediah Raymon 


d 15 








Haynes Fitch 


47 


10 





Hannah Dickinson 


23 


19 


9 


Hezh. Hanford 


69 


10 





Moses Dickin- ( 
son's heirs | 


259 


16 


10 


Daniel Hanford 


20 








James Fitch, ji\ 


23 


12 





Silas Bartow 


48 


12 


6 


Rebecca Fitch 


63 


3 





Samuel Ketchum 


4 


1 


6 


Robert Waters 


6 








Evert Ellerson 


13 


10 





Dan Finch 


3 








Michael Judah 




2 





Uriah Smith 


4 








John Read 


9 


10 


11 


Simeon Raymond 


14 








Betty Jarvis 


2 


8 


6 




FAIRFIELD LOSSES. 








Abraham Andrus 


430 


6 





Moso Kent 


185 





7 


Sarah Andrus 


192 


9 





Lathrop Lewis 


27 


5 


2 


Col. Elijah Abel . 


719 


14 


4 


Sturges Lewis 


62 


11 


2 


John Allen 


545 


12 


6 


Jonathan Lewis 


921 


11 


7 


David Allen 


476 


9 


8 


Wid. Eunice ) 
Morehouse ) 


68 


7 





George Allen 


231 


3 


11 


Anthony Anniball 


155 


5 


2 


Gideon Morehouse 


66 


10 


6 


Peter Burr 


282 


9 


1 


Ebenezer Morehouse 83 


8 


3 


Reuben Beers 


610 


4 


2 


Grummon Morehouse 6 


11 


6 


David Beers 


164 


4 


6 


John Morehouse 


233 


11 


5 


Samuel Beers 


96 


8 


5 


Hezekiah Nichols 394 


10 


7 


Ebenezer Bartram 


I 144 


10 


3 


Daniel Osborn 


135 


5 





Joseph Beers 


90 


17 





Eleazer Osborn, jr 


.181 


2 


9 


David Burr 


388 


2 


9 


Wid.Mary Penfield 139 


14 


1 


Wakeman Burr 


363 


14 


9 


Solomon Sturges 


319 


3 


9 


Samuel Burr 


481 


3 


10 


Mabel Osborn 


605 





2 


Job Bartram 


962 


17 


5 • 


Samuel Penfield 


1065 


9 


4 


Gershom Burr 


300 


10 


4 


John Parrott 


86 


9 


8 


Thaddeus Burr 


1373 


18 


1 


Nathl. Parsons 


86 


7 


7 


Simon Couch, 3d 


227 


9 


3 


John Raymond, & ' 
E. Cooley J 


66 


9 


« 


John Davis 


62 


14 


11 


4i 


/ 


Ann Dimon 


317 


18 


4 


Samuel Rowland 


476 


10 


7 


V/m. Dimon 


625 


8 


1 


Andrew Rowland 


1668 


15 


11 


'N. Thompson Ni- 


i 67 


18 





Samuel Squire 


412 


15 


4- 


chols 


\ ^^ 


1 o 


John Smedley 


763 


10 


4 


Elizabeth Gold 


246 


16 





Seth Sturges 


431 





1 


Nathan Godfrey 


309 


12 


2 


Joseph Squier 


65 





6 


David Jennings, 2d 255 


3 


6 


Thomas Staples 


247 


4 


7 


Rebecca Jennings 


127 





4 


Jos. Sturges' heirs 


339 


15 


2 


Moses Jennings 


699 


12 


4 


Jonathan Sturges 


748 


2 


t; 


Isaac Jennings 


281 


1 


4 


Hezekiah Sturges 


632 


8 


3 


Peter Hcndrick 


399 


6 


9 


Samuel Sturges 


234 


18 


I 


Abigail Ilubbell 


176 


13 


4 


Samuel Smedley 


415 


19 


7 


Stephen Jennings 


195 


5 


5 


Eliphaiet Thorp 


401 


6 


1 


Jeremy Jennings 


196 


12 


ii 


Jabez Thorp 


147 


18 





Ebenezer Jessup 


28,2 


19 


3 


John Turney 


526 


12 


o. 



WESTERN RESERVE OP CONNECTICUT* 



.6£) 





£. 


s. 


d. 




£^ s^ 


d. 


Stephen Thorp 


615 


1 


8 


Olive Bulkley 


30; 6 


3 Sufferers' 


Ansel Traby 


96 


11 


7 


Ebenezer Bulkley 


7 


2 names an^ 


John Wasson 


161 


5 


10 


Nehemiah Banks 


4 15 


losses. 


Andrew VVakeman 207 


14 


2 


David Barlow 


374 14 





Ebenezer Wakeman 68 


12 


1 


Priscilla Burr 


282 8 


6 


Joseph Wakeman 


167 


3 


8 


Nathl. Burr 


22 18 





Thos.H.Wakeman239 


6 


10 


Nathan Burr 


4 9 





Mary Cutler 


48 


18 


1 


Wm. Carter 


16 





David Annible 


43 


18 


(0 


Ann Caldwell 


8 8 





Neh'mh. Buddington 15 


1 


7 


Tho's. and Simon) 
Couch \ 


10 





Andrew Bulkley 


33 


10 


11 


James Bulkley 




15 


5 


Abigail Chapman 


2 11 





Walter Buddington 20 19 


8 


John Coke 


9 


2 


Widow Abigail ) 
Burr \ 


68 


17 


9 


Caleb Desbrow 


18 


6 


Rev. Andrew Elliot 549 11 


6 


Wm. Buddington 


37 


7 


9 


Francis Forgue 


151 16 





Walter Carson 


27 





7 


Abigail Thompson 


8 -0 





Jona. D arrow 


254 


5 


2 


Nathan T. Nichols 


81 16 





Isaac Jarvis 


23 


10 


9 


Hannah M'Kinsey 


1 4 





Abigail Jennings 


49 


16 


1 


Jemima Gould 


6 2 





Justin Jennings 


31 


7 





Abel Gold 


113 16 


9 


Levi Mallery 


21 


18 


6 


Abel Gold, jr. 


3 17 


6 


Abigail Osbom 


106 


9 


9 


Daniel Gorham 


20 2 





John Parsons 


22 


1 


2 


Joseph Gold, decM 


17 





Ephraim Bobbins 


106 


14 


10 


Martha Fairchild 


44 8 


2 


John Robinson 


36 


3 


3 


Justin Hobart 


15 10 


9 


EJjenezer Sturges 


89 


4 


3 


Jabez Hubbell 


32 16 


9 


John Squier, jr. 


15 


16 


8 


Isaac Hubbell 


18 16 





Judson Sturges 


128 


16 


7 


Isaac Hayes 


86 17 


8 


Isaac Tucker 


68 


17 





Anne Hull 


64 16 


6 


Samuel Smith 


19 


16 


9 


John Thickling 


20 8 


9 


Isaac Turney 


20 


3 


5 


Sarah Hews 


15 9 


6 


John Williams, jr. 


13 


19 





Peter Jennings 


7 8 


3 


John Williams 


116 





9 


Lyman Jennings 


5 lO 


6 


Ruth Wakeman 


22 


8 


1 


Hezk. Jennings 


1 1 





Wright White 


46 


8 





Daniel Jennings 


32 2 


I 


Mary Alvord 


20 








David Jennings 


27 18 


10 


Isaac Burr 


23 


5 





Martha Jennings 


27 18 





Amelia Burr 


10 








Ephraim Jennings 


6 9 


6 


Ruth Burr 


3 


19 


6 


Margaret Keeler 


13 2 


1 


Charles Burr 


24 


16 





Esther Lord 


7 4 





Luce Burr 


4 


13 





Jona. Maltby 


47 5 


10 


George Batterson 


55 


13 


3 


Jona. Middlebrook 


4 4 


10 


Dudley Baldwin 


7 


13 





Jesse Morehouse 


16 6 


2 


Wm. Batterson 


16 


3 





Hannah Morehouse 33 j 8 


8 


Samuel Burr, jr. 


2 


14 


6 


David Osborn 


2! 9 





Samuel Burr, 3d 


14 


14 





Free negro Ned 


7 4 





David Burr 


10 


5 


4 


Samuel Osborn 


36 13 


6 


Abigail Burr, jr. 


60 


2 


6 


Nehemiah Phippeny 12 12 





Natulan Bulkley 


11 


14 





James Penfield 


6 f2 





Wid. Abigail Bulk- 


) 






Jabez Perry 


2 18 





ley and Jonathan 


> 54 


17 


3 


John Perry 


6 17 





Bulkley 


) 




•Sir 


Abraham Parrott 


4 14 






M 



9(> 



Sufferers' 
names and 
losses. 



WESTE 


RN I 


lESE 


RVE 


OF CONNECTICUT* 










£. 


s. 


C^. 




£ 


. s. 


d. 


Sarah Penfield 


15 


16 





Jehiel Whitehead 


6 


16 


2 


Benjamin Rumsey 




15 





Richard Wane 


6 


8 


3 


Lucre tia Redfield 


28 


3 


4 


Abigail Whitear 


111 


13 


11 


Wid. Sarah Redfield 28 


15 


6 


Samuel King 


6 


7 





Robert P^oss 


2 


17 





Gideon Wells 


29 


8 


8 


Rev, Hezh, Ripley 


368 


19 


2 


John Wilson 


5 


4 





Joseph Sprague 


2 


3 


8 


Nathl. Wilson 


10 


17 


6 


Grace Spalding 


90 


4 


4 


John Whitehead 


17 


8 





Francis I). Sword 


3 


3 


6 


Abigail Wyncoop 


69 


15 





Benjamin Squier 


1 


7 





Joseph Wakeman 


4 








Samuel Squier, 2d 


83 


6 


8 


Increase Bradley 


180 








Seth Smith 


66 


7 





House of Peter ) 








Zachariah Sanford 


2 


6 





Bulkley &Jos.V 


91 








Mary Smith 


16 


14 


3 


Sturges ) 








Ebenezer Squier 


14 


14 


4 


Edwd. Buddington 


81 








Stephen Turney 


88 


5 


4 


Andrew Jennings 


210 








Samuel Taylor 


9 


17 





Aaron Jennings 


100 








Wm. Thorp 


24 


18 





Vv^m. Livesay 


152 








Ruel Thorp 


6 


6 





Heirs of Benjamin ) 
Osborn \ 


152 








Wid. Hanaah Taylor 40 


4 






LOSSES 
Sustained hy several inhabitants of Fairfield^ in the enemies ex- 
pedition to Danhury, viz: 



Benjamin Allen 


5 3 


3 


Isaac Hayes 


28 





7 


Ephraim Burr 


85 17 


10 


John Hyde 


47 


11 


3 


Gilbert Bryan 


19 17 





John Hyde, jr. 


7 


6 


3 


Ebenezer Baker 


2l 18 





Joseph Hyde 


35 








Gershom Banks 


14 15 





Ebenezer Jessup 


3 


1 


6 


George Burr 


15 16 


10 


Joseph Lyon 


31 


15 


9 


John Banks 


22 12 


2 


Seth Meeker 


22 


6 


8 


Ephraim Burr, jr. 


4 18 


11 


John Morehouse 


15 


13 





Nathan Bennett 


15 2 





Benjamin Meeker 


15 


17 


4 


Joseph Bennett 


66 


7 


Rebecca Nash 


6 


7 


5 


Francis Bradley, 3d 2 10 


6 


Sarah Ogden 


19 


16 


1 


Pinckney Burr 


14 





Daniel Osborn 




13 


6 


Elias Bennett 


19 15 


6 


Cornelius Stratton 


1 


5 


3 


Job Bartram 


13 10 





John Stratton 


I 


13 


6 


Thomas Bennett 


3 2 


3 


Ebenezer Sherwood 2 








Sarah Bryant 


17 10 





Joseph Sherwood 


9 


15 


6 


James Bennett 


26 3 





Jehiel Sherwood 


4 


14 





Abigail Desbrow 


9 11 


8 


Joshua Squires & ) 
Samuel Burr ) 


35 


17 




Jason Desbrow 


16 2 


4 


6 


Hezh, Cooley 


3 6 





Andrew Sturges 


13 


18 





John Grossman 


5 12 


2 


Gershom Thorp 


9 








Caleb Desbrow 


8 16 


4 


Wm. Thorp 


3 








Jabez Desbrow 


5 9 


6 


Jessup Wakeman 


12 


9 


n 


John Desbrow 


15 14 





Samuel Whitney, jr 


.26 


10 


2 


Shubael Gorham 


4 15 





Peter Whitney 


7 


9 





Solomon Gray 


1 3 


6 


Wid, El iz. Sturges 


150 








Ann Godfrey 


3 18 





Moses Bulkley 


50 








Hezh. Hull 


10 





Josiah Bulkley 


10 









WESTERN RESERVE , OF CONNECTICUT* 



n 



Nathan Burns 
Ebenezer Munro 
Add to Nehemiah ) 
Bu ddingtoa ) 
Mary Alvord 
Jonah Bulidey in Dan 

bury expedition 
Deduct from Isaac ) 
Jarvis ) 

George Cable 400 

County-House 



.. d, 
17 6 
15 

10 



6 










Jail & jailer's house 
School-house on the J 
green \ 

Old school-house 
Bleetiug-house 
Cliurch-hciise 
Meeting-house at 

Green's farms 
Church glebe, house ) 

and barn ) 



£• 







d. 








DAJVBURY LOSSES. 



Daniel Taylor, esq. 656 U 

Major Taylor 462 12 2 

JohnBlcLean 528 7 1 

Zadock Benedict 67 13 4 

Joseph Wildman 278 6 4 

John Wood 262 15 II 

Matiiw.Benedictjjr. 218 7 4 

David Wood 288 14 

Abigail Wood 18 7 4 

Jonah Benedict 206 6 41 

Rev. Ebenr. White 218 7 4 

Joseph P. Cook, esq. 53 6 8 

Ezra Starr 1214 11 4 

Matthew Benedict 176 16 5 

Benjamin Sperry 113 4 2 

Jabez Rockwell 158 10 9 

Thad.Benedict,esq.349 7 4 

Eli Mygatt, esq. 542 7 1 1 

"James Clark 524 3 4 

Comfort Hoyt 50 7 

Comfort Hovt, jr. 478 15 7 

Sarah Benidict 40 12 10 

Daniel Church 40 8 10 

Eliphalet Barnum 42 6 8 

Mary Barnum 22 12 

Elnathan Gregory 31 6 14 

Rev.NoahWetmore28 3 

Elizabeth Henries 18 9 8 

Christiana Rose 1 8 

Matthew Barnum 2 10 

Comfort Barnum 2 

Joshua Benedict 12 18 

. Matthew Crowfeet 3 15 

Anne Siiepard 8 2 

David Judd 9 16 

Charles Peck 6 8 

Joseph Benedict, jr. 7 18 

Preserv#Wood 3 9 

Joseph Gregory 8 8 

Hannah Lockwood 2 13 



4 
8 

8 
4 


4 

4 
10 
8 



Sufferers' 
names and 
losses. 











Isaac Coller 4 14 

Christiana Starr 6 12 

Nathan Taylor, 3d 15 5 

Samuel TayJor, esq. 22 1 2 

John Taylor 11 3 8 

Rachel Gregory 4 7 7 

Samuel Lambert 3 19 4 

Horace Knapp 2 15 
PTathaniel Lockwood 7 

Seth Cro v/feet 3 

Samuel Andrus 8 

Wait Desbrow 9 

Isaac Davis-" V ■ 1 

Hannah Andrus 15 

Timothy Ketchum 23 

Caleb Baldwin 2 

John Knapp 6 

Abijah Benedict 5 

Thomas Wildman 3 

Samuel Wood 1 

Hannah Wood 4 

Thomas Starr 9 

Jonas Benedict 1 

Seth Shove 5 

Elias Taylor 4 

Rebecca Crowfeet 1 

Phineas Peck 1 4 

Eliphalet Peck 1 5 

BeLJamin Shove 2 11 104 

Wm. Wille 1 8 7i 

Comfort Wildman 11 14 2 

Aaron Stone 2 41 

Sarah Peck 1 9 4 

Jona. Taylor 6 1 6 

Abijah Barnum 7 4 

Oliver Tayler 4 16 10 

Abial Phillips 6 114 

Daniel Hicock 6 4 3 

Benjamin Wood 15 4 

Ezra Stevens 3 4 



14 31 

11 8 

8 

11 

12 8 
8 
6 6 
01 

10 

1 
11 

5 
11 

5 





4 
4 
4 
4 
1 

10 8 
14 4 

2 

11 4 
U 




S5 



tTESTERN RESERVE OF CONNECTICUT# 



Sufferers* 
names 

losses. 



> " 


£. s. 


d. 




£. *. 


d. 


. "^" B^thiah Judd 


1 9 





William Stone 


7 2 


6 


^^^^^J J^hn Peck 


2 3 


4 


John Stone 


4 16 


8 


Joseph Benedict 


7 15 


8 


Lemuel Benedict 


2 10 


4 


Anne Northrop 


3 8 





Nathl. Starr 


4 7 


4 


Benjamin Hicock 


9 14 


4 


Ebenezer Munson, jr 


.21 8 





Benjamin Cartis 


4 7 


4 


John Gregory 


4 


1 


Samuel Benedict 


4 5 


6 


Jeremiah Dunning 


2 2 





Wm. Griffin 


3 14 


8 


James Crary 


4 14 


8 


Elisha Dibble 


4 6 


8 


Amos Northrop 


2 9 





Patience Guthrie 


3 19 


8 


David Northrop 


4 6 


8 


Benjn. Boughton 


2 2 


8 


Abial Picket 


3 14 


6 


Andrew Comstock 


5 4 


8 


John Sturdevant 


4 11 





I^athaniel Stevens 


3 8 





Salle Pill 


6 13 


4 


Joseph Bebee 


12 10 


8 


Eleazer Hoyt 


1 19 


8 


Jonathan Hayes 


il 10 





Caleb Church 


3 19 


4 


I^fathaniel Gregory 


18 17 


3i 


Thomas Benedict, jr 


.10 1 


4 


Daniel Millson 


13 


4 


Josiah Starr 


9 3 


8 


Stephen Trowbridge 7 


4 


Joshua Knapp 


43 3 


8 


Justus Hoyt 


2 5 





Moses Knapp 


4 € 


8 


Matthew Gregory 


12 7 


9i 


Ebenezer Munson 


23 6 


8 


Jacob Finch 


2 16 


8 


Hannah Robertson 


2 6 


8 


James Fielding 


3 


8 


Josiah Starr 


13 5 


8 


Matthew Wilkes 


3 9 


4 


Isaac Benedict 


4 4 


6 


John Bamum 


5 17 





Thomas Benedict 


1 11 


6 


John Porter 


2 





Robert Benedict 


2 9 


4 


ISTathan Taylor, jr. 


4 


8 


Samuel Benedict, ji 


'. 7 16 


8 


Timothy Nbrthum 


2 6 


8 


Mary Greenslate 


9 12 





Timothy Benedict 


2 5 


6i 


Anthony Angwene 


3 6 





Timothy Wiltlman 


2 13 


4 


Samuel Brown 


1 3 


10 


Alexander Stewart 


5 17 


4 


John Couch 


5 10 


8 


Stephen Scoiield 


6 5 


4 


Stephen Jarvis 


43 8 


6 


Thomas Benedict 


13 10 





Ezra Dibble, jr. 


17 7 


11 


Pvoger Negro 


6 


8 


Joseph M. White 


31 7 


8 


Ebenezer Benedict, ^ 


jr.4 14 


4 


Aaron Knapp 


4 18 





Joseph Broadbrooks 


4 


.0 


Joseph Gunn 


4 8 


8 


Oliver Benedict 


4 14 


4 


Thomas Taylor 


32 5 


4 


Ebenezer Benedict 


5 16 


10 


Benjamin Daily 


1 14 


€ 


David Northrop 


3 14 


8 


Shadrach Morris 


10 6 


8 


Enos Camp 


3 19 


4 


Noah Hoyt 


3 5 


4 


Ephraim Bamum 


3 10 





Samuel Gregory 


61 15 10 


Daniel Stevens 


2 12 





Daniel Pierce 


3 12 





Elijah Wood 


2 7 





Richard Smith 


6 6 





Thaddeus Banmm 


17 9 


5 


Henry Peck 


2 2 


8 


Philip Corbin 


10 14 


5 


Daniel Comstock 


9 6 


8 


Nathaniel Benedict 


4 10 


8 


John Shepard 


1 1 





Thomas Taylor 


11 i8 


3 


Joseph Birchard 


1 12 


10 


Thomas Taylor, jr. 


10 2 





Judith Taylor 


1 8 





James Trow^bridge 


7 1 


4 


Sarah Bassett 


18 


8 


Daniel Wildman 


31 19 


7 


Amos Collins 


4 17 


6 


Benjamin Taylor 


2 15 


4 


Joshua Starr 


4 16 





John Elliot 


2 5 


4 


Matthew Taylor 


23 19 


G 


Matthew Starr 


2 12 





William B. Alger 


19 7 


4 


Thomus li, Benedict 8 15 


9 


Caleb Hoyt 


4 13 


4 



WESTERN RESERVE OP CONNECTICUT. 



93 



NEW-HAVEN AND EAST-HAVEN LOSSES. 





£. 


s. 


d. 




£. s. 


d. 


Abraham Augur 


60 





8 


Samuel Griswold 


21 11 


Suficrcre^ 


H^zekiah Augur 


29 


8 


3 


Caleb Gilbert 


48 18 


g^ nanios alid 


Eldad Atwater 


62 





7 


James Gilbert 


12 2 


Q losses. 


Bavid Austin, esq. 


276 


17 





Stephen Gorham 


27 14 


11 


Timothy Atwater 


8 


2 





Hez'h Gorham 


21 5 


7 


Phineas Andrus 


18 


17 


6 


Wm. Grenough 


27 14 


6 


Joseph Adams 


13 


19 


5 


Samuel Gills 


58 4 


.S 


John Allen 


15 


17 


6 


Timothy Gilbert 


3 10 


3* 


Christopher Allen 


6 


16 


3 


Samuel Gorham 


9 8 


3 


Samuel Austin 


69 


13 





Richard Hood 


36 15 





Abner Austin 


b& 


12 


7 


Nathan Howell 


10 8 


U 


Abiah Allen 


13 


13 


7 


Samuel Huggins 


91 16 


9 


Oliver Allen 


40 


18 





Ezekiel Hays 


72 17 


6 


Samuel Bird 


42 


Z 


5 


Josiah Holly 


52 17 


3 


Abraham Bradley- 


101 


6 


8 


Abiah Hall 


3 19 


9 


Joseph Bradley 


403 


9 


2 


Amos Hotchkia 


34 3 


9 


Benjamin Brown 


30 


1 


1 


Samuel Horton 


77 6 


6 


Israel Bishop 


31 


16 


9 


Jonah Hotchkis 


19 6 


o 


Isaac Bishop 


37 





7 


Ebenezer Huggins 


47 12 


8 


Abel Barrett 


27 


12 


6 


Mary Hubbard 


6 17 


11 


John Bradley, jun. 


31 


6 


2 


Joseph Howell 


75 12 


5 


Stephen Ball 


36 





6 


Samuel Howell 


39 5 


3 


Francis Brown 


12 


16 


9 


Susanna Hotchkis 


14 8 


6 


Peter Benheir 


70 


14 


9 


Obadiah Hotchkis 


69 3 


7 


Phineas Bradley, jr 


. 19 


13 


6 


Caleb Hotchkis 


9 7 


6 


Daniel Bishop 


79 


6 


6 


Henry F. Hughes 


38 1 





John Beecher, jr. 


23 


9 


10 


Elijah Hill 


16 11 


6 


Gurdon Bradley 


66 





10 


Stephen Herrick 


15 





Azariah Bradley 


19 





2 


Jabez Johnson 


13 9 


4 


Samuel Barnes 


13 


16 


8 


Timothy Jones, jr 


38 4 


11 


Stephen Bradley 


4 


3 


3 


Timothy & Wil-/ 
liam Jones \ 


167 13 


6 


Thomas Burrall 


17 


2 


11 


Timothy Bontique 


23 


7 


5 


Isaac Jones 


148 19 


9 


James Bradley 


48 


8 


10 


Levi Ives 


46 1 


4 


JBuckminster I 
Brentnall \ 


61 


7 


10 


Peter Johnson 


20 18 


9 


Silas Kimberly 


9 18 


6 


Eleazer Brown 


8 


12 


3 


Azael Kimberly 


62 10 





Nanda Cambridge 


14 


11 


1 


Mary Kimberly 


18 10 





Charles Chauncey 


47 


15 


8 


Elam Luddington 


408 6 


7 


Samuel Candy 


51 


4 


6 


Daniel Lyman, esq 


.368 7 


8 


John Chandler 


108 


5 





Jesse Levenworth 


143 9 





Timothy Dwight 


10 


13 


6 


Wm. Lyon 


92 2 


6 


Samuel Dwight 


9 


6 


6 


Ebenezer Lines 


20 11 


6 


Thomas Davis 


21 


1 


31 


John Lathrop 


71 17 


2 


Jacob Daggett 


50 


9 


7 


Jeremiah M'Cumbe 


r20 5 


8 


Amos Doolittle 


11 


6 


6i 


Amos Morris ] 


1235 15 


4 


Kathan Drummon 


6 


2 


9 


Wm. Mansfield 


47 17 


9 


Jonathan Fitch 


173 


3 


4 


Jonah Mix 


15 19 





Jehiel Forbes 


173 


13 


1 


Stephen Munsoo 


22 12 


4 


Levi Forbes 


5 


17 


6 


Joseph Mix 


11 15 


10 


Samuel Greea 


64 


4 


€ 


Wm. Miles 


^ 19 


^ 



IVESTERN RESERVE OF CONNECTICUT. 





£. 


s. 


d. 




£. 


s. 


d. 


Joseph Munson 


10 


14 


6 


Samuel Tuttie 


270 


19 


6 


John ^liles 


48 


5 


9 


Jose!)h Tuttie 


93 


3 


6 


Wm. Mimson 


73 


6 


8 


Timothy Tuttie 


79 


9 


5 


Samuel Munson 


41 


17 


10 


Noah Tucker 


99 


17 


4 


Israel Munson 


27 


6 


6 


Jesse Upson 


47 


18 





Alless Miles 


5 


8 





Jotham Williams 


2 


19 


9 


Edward Maloy 


265 


18 


9 


John Woodward 


838 


17 


3 


Amos Monson 


18 


15 


6 


JohnWoodward, jr. 


740 


19 


11 


Paul Noyes 


2 


18 


11 


Moses Wells 


266 


7 


4 


David Osborn 


30 


14 


5 


Samuel Wilmot 


62 


16 


2 


Nathan Oakes 


19 


6 


4 


Wm. Ward 


22 


11 


7 


Mehitabel Osborn 


3 


12 


3 


John Wise 


31 


15 





Wm. Plimmaist 


32 


14 


11 


Daniel Wilmot 


42 


16 


3 


Jacob & AbijahJ 
Pardy \ 


402 


8 


2 


John White, jr. 


23 


18 


3 








Rev, Chauncey 1 
Whittlesey \ 


■^^fi 


6 


3 


Mary Pardy 


134 


14 





tJ^yJ 


\i 


Hez'b. Parmele 


109 


5 


1 


Thomas Wooster 


590 


15 


1 


Martin Parrett 


27 


18 


8 


John Whiting, esq. 


158 


16 


3 


Wm, Punchard 


20 


1 


9 


Titus Beeclier 


5 


8 





Jacob Pinto 


22 


13 


11 


Hannah Bingly 


10 


5 


6 


Icha,bod Page 


69 


9 


6 


Isaac Beecher 


3 


15 


9 


Sarah Parmele 


8 


17 


2 


Sarah Brown 


12 


11 


6 


Jaraes Plant 


94 


17 


10 


Peter Buckley 


2 


11 





Jeremiah Parmele 


18 


17 





Joseph Bishop 


8 


4 





Charles Prindle 


47 


4 


6 


Elias Beech 


3 


10 





John Pease 


18 


13 


4 


Archibald Blakely 


11 


5 


11 


Benjamin Pardy 


88 


12 





Tilley Blakely 


13 


17 


2 


Jehu Robertson 


26 


15 


2 


Abraham Earns 


3 


10 





John Richards 


13 


6 





Atkins Broughton 


8 


1 





Philemon Smith 


63 





3 


Geo, Cook 


45 


10 


1 


Benjamin Sanford 


32 


5 


11 


Corn'iusCunningham 20 


11 





¥/m. Sherman 


37 


3 


3 


John Catlin 


8 


7 





Francis Sage 


34 


1 


10 


Nathan Catlin 


8 


16 


6 


Jona. Sabin 


64 


18 


6 


Zach. Candee 


7 


19 


2 


Timothy Sperry 


30 


15 


2 


Levi Clinton 


6 


8 





Charles Sabin 


29 


5 


6 


David Cook 


29 


13 





Jesse Stephins 


18 


17 


4 


Russell Clark 


1 


18 


10 


Elias Shipman 


10 


19 


6 


Samuel Clark 


7 


14 


9 


Caleb Trowbridge 


125 


15 


3 


Samuel Cook 


19 


7 


9 


lere'h. Townsend,^ 


r. 7 


3 


3 


Samuel Chatterton 


33 


13 


8 


Daniel Tuttie 


13 


2 


2 


John Clause 


3 








Isaac Townsend 


11 


16 


10 


John Carew 


8 


14 





Benajah Thomas 


7 


6 


7 


Saiah Davenport 


1 


2 





Robert Townsend 


15 


19 


6 


Isaac Doolittle 


20 


17 





Hezekiah Tiittle 


54 


3 


3 


■Samuel Deenwell 


34 


2 





Richard Tuttie 


13 


4 


© 


EeriFV Daggett 


37 


14 


4 


Michael Todd 


73 


16 


11 


Rhcda Denison 


10 


G 





Jeremiah Townsend 36 


7 


8 


Hamlin Dwaght 


2 


19 





Jacob Thompson 


60 


19 


2 


Doct, Napthali ^ 
Daggett J 


32 


11 




Timothy Townsend 11 


5 


8 





Abraham TiJttle, ji 


\ 27 


2 


6 


Isj^ac r)ickerman 


32 


4 





John Townsend 


3 








William Doak 


15 


9 


6 


Stephen Trowbridge 8 





10 


Rev. Jona. Edwards 57 


15 


4 



IVESTERN RESERVE OF CONNECTICUT. 



95 





£. s. d. 


Wm. Eyers 


6 6 


Robert "^Fairciiild 


14 12 


Ezra Ford 


16 17 


Abel Frisbie 


25 15 


Samuel Goodwin 


14 1 


John Goodrich 


140 17 4 


Timothy Gorham 


10 19 6 


Ruth Gordon 


7 )0 


Henry Gibbs 


4 8 


Amos Gilbert 


13 7 


Sarah Goldsmith 


63 i 


Joel Gilbert 


2 9 


Daniel Goodsell 


12 6 


David Gilbert 


8 2 6 


Martin Gotter,dec'd 


19 6 7 


John Goodsell 


8 13 


Stephen Hotchkiss 


4 7 


Christian Hanson 


21 5 6 


Ebenezer Hull 


6 5 


Hannah Hotchkiss 


4 12 


Sarah Hunt 


3 4 


Frederick Harding 


12 4 


Eleanor a Hogg 


1 17 


Joseph Hutts 


1 5 


Jared Henningvvay 


6 4 6 


Hannah Howe 


13 3 6 


Sarah Howe 


14 7 1 


William Helins 


43 7 


David Hull 


19 14 


James Hull 


9 6 


Silas Hotchkis 


3 1 


Nehemiah Hotchkis 14 11 6 


Nehemiah Higgins 


2 8 11 


Enos Hotchkis 


3 17 8 


Mary Horton 


5 14 9 


Stephen Honeywell 1 19 6 


Abigail Hughes 


37 12 6 


Stephen Johnson 


14 3 9 


Simeon Jocelyn 


10 15 6 


Amaziah Jocelyn 


25 16 3 


Abraham Johnson 


5 16 10 


Mabel Johnson 


6 


Enos Johnson 


1 17 9 


Tack and wife 


17 11 11 


Jared Ingersoll 


2 


Richard Johnson 


11 8 6 


Lydia Johnson 


6 7 


Elijah King 


11 19 10 


Sirah Kimberly 


27 16 


Marak Kilby 


2 6 


Lydia Kimberly 


21 8 9 


Nathl. Kimberly 


2 13 


James Lyndes 


4 17 6 



Edward Larkin 21 3 Sufferers' 

Samuel Little 11 8 1. names and 

Major Lines 14 8 6 ^^''^'' 

James Lane 9 6 10 

Mark Levenworth 7 16 

Gad Luke 27 11 4 

Susanna Mahon 16 8 

John Mix, junr. 9 19 6 

Daniel Manstield 11 17 6 

ElishaMix 25 7 4 

MaryBIiles 2 12 

Amos Monson 10 

Robert Matthews 8 3 

Esther Manstield 290 6 4 

Kirsted Mansfield 10 13 9 

James Murray 9 14 4 

Nathan Manstield 3 10 6 

Silas Merriman 2 2 6 

David Mulford 7 16 6 

Hannah Blansiield 8 17 

PatunaMix 20 19 1 

Fhebe Miller 16 5 2 

David Munson 2 8 6 

Hannah Mix 36 4 3 
Doct. Timothy Mix 16 12 3 

Moses Manstield 6 3 

Nathl. Mix 10 13 

William Noyes 11 14 

Anne Piatt 10 11 3 
Mary & Lydia Pardy 10 8 4 
Wilfiam Punchard 26 13 

Ebenezer Peck 23 2 2 
Thomas Punderson 2 18 3 
Thos. Punderson^jr. 14 15 7 

Mary Pease 2 2 

David Phipps 7 6 6 

John Pierpont 18 8 

Abigail Potter 25 9 3 

Moses Pardy 15 14 

Solomon Phipps 43 10 
Lamberton Painter 11 12 

Elijah Painter 14 

Martin Patchen 31 6 

Levi Pardy 3 15 

Jonas Prentice 27 17 6 

Sarah Pomeroy 27 16 

James Prcscott 26 3 6 

Philip Rexiord 15 17 3 

Samuel Robinson 9 16 2 

Rachel Russell 3 18 10 

Zachari^ih Reed 3 7 

James Rice 64 9 2 

Hannah Ptussell 17 17 6 



WESTERN RESERVE OF CONNECTICUT. 



Martin Ray 70 

Hannah Sackett 5 

Adonijah Sherman 29 

John Scott 7 

James Sherman 7 

Leveret Stevens 3 

Sarah Stephens 4 

Elizabeth Stillman 26 

Widow Scovill 7 

Wm. Sherman 23 

Moses Strong 9 

Abigail Starr 14 

Benjamin Smith 3 

j[S"ehemiah Smith 9 

George Smith 20 

Nathan Smith 9 

Mary Stillwell 13 

Hezh. Sabin 79 

Hezk. Sabine, jr. 21 

Edmond Smith 4 

Amos Sherman 34 

Joseph Smith, 3d 12 

John Storer 55 

Hannah Storer 5 
James Thompson 

John R. Troop 7 

Joseph Thompson 12 

John Townsend l6 
Thankful Thompson 23 

Isaac Thompson 2 

Abraham Tuttle 4 
Abraham Thompson 5 
Stephen Tattle 
Timothy Tallmadge 37 

Joseph Trowbridge 10 
Ebenezer Townsend 9 

Wm. Trowbridge 12 

John Trowbridge 1 7 

Cornelius Thayer 3 

Moses Thompson 6 

Wm. Van Deurson 62 

Moses Venturet 31 

Michael Vaun 3 

Thomas Wilson 50 

Lois Walls 8 

Thomas Wilmot 2 

Allice Wise 9 

John Ward 25 

Ilev. Mr. Williston 21 

Samuel White 3 

John Warner 4 



s. 


d. 


15 


6 


7 


6 


15 








9 


1 











11 





15 


6 








2 


10 


10 





1 











12 





t 


6 


15 


6 


10 


6 


8 


9 


10 


6 


17 


1 


12 


8 


8 


10 


11 











19 





2 





14 





14 


2 


7 


8 


16 


4 


4 





2 


2 


17 


S 


19 


6 


1 





5 





19 


6 


13 


8 


17 


8 








4 


3 


8 





13 


10 


18 


10 


18 


4 


14 





6 





7 


6 


8 











o 


6 



3 

4 10 
8 
7 
6 

10 

6 

'5 8 

14 



Newton Whittlesey 33 

Henry York 4 

Daniel Abbot 4 

Joseph Ailing 4 

James Ailing 12 

Samuel Ailing 20 

Ebenezer Ailing 1 6 

Lorrain Ailing 4 

Hezh. Ailing 11 

David Atwater 3 12 3 

David Austin, jr. 11 6 

Abigail Andms 2 8 6 

Jedediah Andrus 9.-1 7 

Jeremiah Atwater 227 11 3 

Jonah Atwater 16 10 8 

Archibald Austin 71 13 8 

William Ally 9 4 6 

John Austin 10 6 

Stepken Austin 12 12 6 

Joel Atwater 10 

Samuel Bishop, esq. 13 13 3 

Phebe Brown 7 

Timothy Bonticou,jr. 13 8 

Eleanor Bonticou 33 9 2 

Stephen Brown 19 2 

Jona. Bridglin 8 15 

Abraham Bradley, jr, 6 9 6 

Willard Brent nal 36 2 

Lemuel Benham 12 19 7 

Thomas Bill 9 16 4 

Hanover Barney 11 11 10 

Lucy Barker 1 12 9 

Israel Burnell 9 16 6 

Nathan Beers 13 

Wm. Brentnall 16 14 2 

David Bacher 19 5 

Daniel Brown 5 16 

Tim. P. Bonticou 4 4 

Lamberton Painter 24 

Silas Kimberly 193 16 

MaryKimberly 20 

John Beecher 25 17 

Thomas Benham 10 10 

Jotham Williams 6 

Andrew Smith 14 7 

Wm. Trowbridge 7 4 

Anna Clinton 4 8 

Rev.Noah Williston 27 

Azel Kimberly 32 16 6 

John Mix 37 10 9 



WESTERN RESERVE OF CONNECTICUT. 



r/ 



NAMES 
Of the Sufferers'* belonging to JVew-London. 



Philip Allen 
James Angel 
Lydia Beebe 
Abigail Bell 



£. s. 

9 15 

169 2 
24 5 
6 11 
William Brooks 65 1 1 

John Barr 71 11 

Ann Bulkley 493 14 

Samuel Brown 493 7 
Stephen Babcock 34 9 
Joanna Beebe 236 2 

David Byrne 336 4 

John Barna 84 6 

Jeremiah Browa 124 9 
Hannah Beebe 6 18 

Hannah Bolten 32 1 

Walter Beebe 9 8 

Percy Beer 6 17 

Nathan Bailey 20 3 

Corn"'iusCunningham62 14 
Joanna Culver 10 15 

Richard Chapman 73 1 
Esther Cutler 7 

Joseph Chals 75 11 

Joseph Collins 4 1 

John Critchet 6 6 

Joseph Coit 1298 18 

William Coit 44 17 

James Culver 8 9 

Joseph Cocks 1 5 

Lodwick Champlin 11 9 
Eliz. Christophers 49 4 
Rebecca Church 52 1 1 
Wm. Comstock 3 16 

Thomas Coit 23 13 

Nath'l Coit, jr. 15 15 

Joshua Coit 40 

Joseph Champlin 72 - 1 
Jonathan Colfax 15 11 
John McCurdy 1128 
Samuel Coit 19 8 

John Clark & sons 135 6 
JohnDeshoQ 1177 6 

Deshon & Co. 556 10 

Henry Deshon 900 
Joseph Deshon 100 1 
Richard Deshon 266 19 
Mons. Dumont 263 10 
Jona. Douglass 1446 14 
Sarah Davis g 



d. 




£. 


s. 


d. 




5i 


Richard Douglass 


262 


18 


6 


Sufferers' 


2 


Robert Douglass 


200 








names antj 





Ebenezer Douglass 17 


9 


4 


lossses» 


9 


Peter Darrow 


10 










6h 


Nathan Douglass 


941 


11 


9 




4 


Nicholas Darrow 


9 


12 


2 




Hi 


James Darrow 


2 


3 


7 




8 


Nath'l Dickenson 


15 


1 







1 1 


Timothy Durfey 


20 


14 







6 


Isaac Champlin 


142 


3 


2 




7 


Clark Elliot 


296 


11 


3 




7\ 


John Champlin 


104 


8 


5 




5d 


Sarah Edmonds 


20 


2 


6 




9 


John Crocker 


S4 


13 


2 




lOi 


Abigail Elliot 


496 


13 


10 




9 


John Irwin 


800 










2 


Jacob Pinch 


130 


8 


10 




lOd 


Ann Posdick& sons 


1045 


10 


11 




7i 


Ebenezer Goddard 


7 













Mary Goodfaith 


15 










Qi 


Elizabeth Griffin 


5 













Thomas Gardner 


22 


2 







6 


Roger Gibson 


884 


18 


6* 




81 


Mary Gardner 


123 


16 







5^ 


David Gardner 


11 










5 


John Gordon 


1 


16 


3 




10 


George Gibbs 


21 


7 







1 


Mattliew Griswold 


10 










3 


Russell Hubbard 


1012 





3 




10 


Joseph Hurlbut 


965 


8 


3 




6 


Thomas HopJiins 


198 


17 


9 




10 


Ruth Harris 


63 













Eliz. Holesworth 


46 


8 







4 


Thomas Hancock 


148 


7 


5 




10 


Mary Hurlburt 


212 


13 










Joseph Harris, jr. 


5 


15 







9 


Stephen Holt 


229 


5 


2 




3 


Nathl. Harris 


3 


5 










Edw.&Jno.Hallum310 


9 


8 




6 


EJw.&;Geo.Hallum215 










5 


Edward Hallum 


10 


16 







2 


William Higgins 


4 


11 










Daniel Hurlburt 


126 


14 


7 




2 


Sarah Harris 


177 


7 


5 







John Harris, 2d 


33 


1 


11 




8 


John Hempsted ) 
and others j 


30 


18 







8 






V 




7 


Johnllallam 


417 


10 










Benjamin Harris 


19 


a 


5 





9B 



IfTESTERN RESERVE OP CONNECTICUTe 



Sufferers^ 




£. s. d. 


names and 


Abigail Holt 


18 11 2 


losses. 


Nathl. Hempsted 


7 1 10 




John Hartle 


44 19 4 




Joseph Holt 


2 13 




Lydia Harris 


60 3 11 




Thomas Holt 


4 18 7 




Bridget Harris 


24 19 




James Holt 


21 18 6 




John Harris, 1st 


11 1 




Walter Harris 


17 15 10 




Grace Harris 


29 




Ebenezer Holt 


15 5 1 




Daniel Harris 


5 6 




Eliphalet Harris 


20 12 5 




Darnel Holt 


32 2 6 




Jonathan Holt 


35 13 




Ann Hancock 


140 3 6 




Titus Kuriburt 


1961 3 




Stephen Hempstead 


70 6 1 




Moses J-efirej 


36 3 6 




Lydia Johnston 


21 15 




Ruber c Kennedy- 


330 




Mary Lewis 


5 12 




Christopher L4,effingwell 


25 




James Lamphier 


233 9 




Lydia Lattimer 


27 8 6 




James Lamphier, jr,. 


42 7 




Picket Lattimer 


565 7 8 




Samuel Lattimer 


910 19 5 




Amos Lester 


12 11 9 




Ebenezer Lester 


8 12 




John Lester 


35 19 7 




Edgcomb Lee 


48 4 7 




Deodat Little 


207 5 




Samuel Lattimer 


24 7 6 




Michael Love 


23 




Richard Lattimer 


26 19 8 




Rosman Lawrence 


54 




Peter Lattimer 


317 1 6 




John Latnrop 


1 11 9 




Amasa Learnid 


18 1 




Jererniah Miller 


2535 18 10 




James M'Evers' heirs 


600 




James Matthews 


29 19 2 




Robert Manwarring 


21 8 8 




James Miller 


93 8 6 




John Morris 


29 16 




Giles Mum ford 


44 




Jabez Miner 


7 10 7 




Lawrence Marting 


55 18 6 




Ephraim Miner 


348 17 4 




Lydia Creen 


12 16 




Anthony Mitchell 


23 11 6 




David Mumford 


318 5 9 




Isaac Moseley 


500 




David Manwarring 


51 3 




Lewis Minor 


71 7 4 




Thomas Jones 


40 4 10 




Elizabeth Newcomb 


12 




George Newcomb 


238 1 9 




Widow Ne'son 


63 10 




Mary Newberry 


14 5 




Nathl. Overton 


27 9 




Isaac Oliver 


40 7 3 




Owen Neil 


91 14 6. 





£. *, d. 


Joseph Owen 


75 18 6 


Richard Potter 


382 2 3 


Christopher Prince 


512 4 5 


Abigail Potter 


573 4 11 


Zuriah Preston 


21 13 


Joseph Plumb 


24 16 


Green Plumb 


43 19 3 


Ichabod Powers, jr. 


188 16 6 


Andrew Palmer 


105 10 


Widow Palmer 


48 


Simeon Peck 


19 16 


James Parteer 


21 19 


Sarah Poole 


4 19 


Joshua Powers 


4 17 


Wm. Packwood 


12 6 


Ichabod Powers 


620 8 


John Pennwert 


223 8 6 


John Potter 


83 13 3 


Joseph Packwood 


817 5 4 


Joshua Potter 


8 14 5 


John Prentice 


3 16 


Eliza Plumb 


197 19 


James Pitman 


145 18 4 


Stephen Rougett 


37 6 1 


Mary Rogers 


8 13 


Patrick Robinson 


3 


Ann Richards 


224 15 10 


James Rogers 


455 16 5 


Guy Richards & Sons 


811 8 


Mary Richards 


258 17 


Benjamin Rogers 
Jabez Richards 


9 19 5 


4 4 


Solomon Rogers 


101 4 3 


Amos Rogers 


31 1 8 


Samuel Roberts 


94 6 10 


George Rogers 


14 14 


David Richards 


1 4 9 


James Rogers 


1 16 


Harris Rogers 


128 13 10 


Peter Rogers 


16 2 4 


William Rogers 


18 3 


Peter Rogers, jr. 


1 12 9 


Peter Robinson 


81 12 2 


John Rogers 


31 8 10 


David Roberts 


17 16 


William Rogers 


4 19 


James Penniman 


137 10 7 


Daniel Stole 


27 14 


Gurdon Saltonstall, esq 


.1440 


Thomas Smith 


11 


William Skinner 


15 11 


Seth Seers 


13 19 7 


Jona. & J. Starr 


53 2 3 


Bath^heba Skinner 


180 


Bathsheba Smith 


465 14 10 


Eliza Shapley 


382 5 


Adam Shapley 


20 17 10 


Lydia Spinch 


9 13 9 


Ann Squier 


7 10 


Nathl & Thos. Shaw 


2834 5 


John Shepard 


76 14 


Robert Smith 


24 18 


Starr & TaUman 


150 


John Springer 


17 19 


Ann Simnionds 


13 18 



WESTERN RESERVE OF CONNECTICUT* 



9,9 





jS. *. d. 


Peter Perry 


9 18 


John Coster 


14 9 


Widow Dorsett 


2 


Judas P. Spooner 


21 la 


Richard Stroud 


23 15 


James Smith 


4 7 8 


James Stewart 


13 18 6 


Lucy Starr 
William Stark 


5 9 8 


17 9 10 


Sarah Setchell 


56 16 


John Spencer 


58 8 


Joshua Starr 


1250 11 I 


Roswell Saltonstall 


1800 


Winthrop Saltonstall 


1181 16 8 


Nathl. Thorp 


C 13 5 


Bethiah Tallman 


63 5 


Daniel Tinker 


22 17 6 


James Tilley 


1533 10 3 


John Tilley 


6 12 6 


Mary Taylor 


26 15 10 


Daniel Truman 


6 


Edward Tucker 


25 15 9 


John Welch 


46 10 


Walter Welch 


59 19 


Ebenezer Way 


15 16 1 



John Ward 
Lucretia Wolfe 
Anthony Wolfe 
Simon Wolcott 
Eliza Wescott 
James Young 
Temperance Moore 
Samuel Belden 
Joanna Short 
James Thompson 
Michael Melally 
John Way 
Thomas Bowhay 
Joshua Hempsted 
Nathl. Saltonstall 
John Thompson 
Spere Douglass 
Chapman Simmons 
Elizabeth Beebe 
John Hallum & Ben- 
jamin Harris 
Mary Ward 
Stephen Culver 
Mehitabel Leet 



ACCOUNT OF LOSSES 
With the sums due each person of the town af Ridgcjieldy viz: 



£. s. 


a. 




17 5 


4 


Sufferers' 


4 16 





names an^ 


4 14 





losses. 


1083 9 


1 




87 6 







13 2 







24 3 







1771 15 


6 




276 14 







350 


7 




94 4 


7 




590 3 


11 




49 17 


I 




62 15 




146 9 


6 




59 16 


9 




8 15 


7 




22 18 







16 6 







300 






28 







3 16 







124 








Samuel Olmsted '74 18 9 
Ebenezer Olmsted 5 14 

Thaddeus Rockwell 26 18 

Samuel Olmsted, 3d 23 16 7 

Philip B. Bradley, esq. 20 9 

Lydia Gilbert 34 10 6 

Timothy Keeler, 2d 61 9 

Gamaliel Northrop 87 13 7 

Benjn. Northrop 159 7 6 

Daniel Smith 183 4 6 

John Northrop 142 17 5 

Thomas Seymour 65 16 6 

Hannah Seymour 18 7 3 

Sarah Morehouse 189 6 9 

David Olmsted 36 2 

Joseph Stebbins 19 16 

Daniel Smith, 3d 30 19 10 

James Sturges 10 11 8 

John Dauchey 11 4 

George Talcott 12 17 4 

Daniel Smith, 2d 2 13 4 

Ebenezer Jones 5 4 8 

Bartlett Talcott 6 10 10 

Ebenezer Stebbins 1 19 8 

Jesse Benedict 11 10 2 

John Abbott 4 2 8 

Bartholomew Weed 3 13 4 

Hope Rhodes 7 10 

Stephen Smith 8 5 

Martha Keeler 2 2 4 

John Watrous 3 12 

David Perry 3 2 

James Scott 2 12 8 



Philip Dauchey 3 8 4 

Matthew Keeler 6 16 8 

John Smith 13 7 2 

Samuel Smith 18 15 2 

Benjamin Smith 4 14 

Jeremiah Birchard 12 

Samuel Camp 28 17 10 

Isaac Keeler 194 

Lemuel i^bbot 5 16 

James Northrop 53 17 4 

Abraham Rockwell 10 4 4 

John Keeler 2^ 4 

Timothy Benedict 6 18 6 

Ichabod Doolittle 5 15 4 

Jemima Keeler 18 8 

David Rockwell 8 4 6 

Samuel Keeler ** ^? ^ 

Ebeneber Sherwood 5 13 4 

Stephen Norris 3 

Daniel Cooley 1 18 8 

Mary Hayes 3 16 

Abiiah Rockwell 3 5 2 

Abijah Smit"h 16 14 

Jonah Foster 10 3 10 

Sarah Silsbe 2 13 8 

Elihu Deforest 2 

Prue Northrop 4 4 

Nathan Foster 10 8 

Mary Gray 16 8 

David Rockwell, 2d 3 2 10 

Abner Wilson 9 

Samuel Keeler, 2d 17 8 



N. B. The sums advanced to the town of Ridgefield, by grants of the 
General Assembly, are deducted from each man's respectire sum ai^ the 
pet balances ascertained . 



100 



WESTERN HESERVE OP CONNOCTICUT. 



FOR GROTON. 



BufTerers' 
names and 
losses. 



Amos Avery 


12 2 


2 


Prudence Avery 


270 14 


8 


Thankful Avery 


263 m 


8 


Rufus Avery 


132 18 


4 


Lydia Avery 


157 12 


1 


Latham Avery 


103 5 


6 


Ebenezer Avery 


30 


4 


Phebe Avery 


2 2 





Peter Avery 


4 13 





George Avery 


8 8 


2 


Hannah Avery 


15 6 


6 


Elizabeth Avery 


2 6 





Benjamin Avery 


3 19 





Caleb Avery 


7 


6 


Ezekiel Bailey 


2 19 


5 


Stephen Billings 


74 6 


7 


James Bailey 


2 10 





Samuel Chester 


10 6 


6 


Eldridge Chester 


6 11 





Jedediah Chester 


21 13 


2 


Benjamin Chester 


442 3 





Eenjn. Chester, as Exr. 


300 15 





Charles Chester 


6 19 





Thomas Chester 


15 


5 


Daniel Chester 


19 15 


6 


Jason Chester 


20 18 





Esther Conklin 


39 1 


6 


Simeon Chester 


8 15 





IS^athan Darrow 


9 1 


1 


Mary Dodge 


14 6 





Charles Eldridge, jr. 


755 6 


7 


Daniel Eldridge 


4 14 





Serjt. Daniel Eldridge 


1 1 


9 


Thomas Griffin 


3 8 





Robert Gallup 


11 6 


6 


Andrew Gallup 


14 8 





John Hicks 


7 8 





Jona. Havens 


11 9 





Ruth Holliday 


43 11 


n 


Edward Jeffrey 


158 5 


4 


Alexander Kidd 


9 5 


11 


Thomas Mumford, esq. 


604 16 





Elizabeth Moore 


62 10 


9 


Henry Mason 


27 18 





Nancy Moore 


30 10 


2 


Prudence Minor 


17 19 


10 


Rebecca Minor 


1 6 11 



Elisha Morgan 7 

Joshua & Isaac Morgan 4 
Mary Moore 10 

Frederick Moore 269 

Shoram Negro 6 

Ebenezer Ledyard, esq. 1151 
John Latham 94 

Bridget Ledyard 397 

Youngs Ledyard, dec'd 75 
William Leeds 360 

Benjn. & Caleb Ledyard 200 



15 6 

2 
9 

3 4 
18 9 



Anne Ledyard 
Anne Leeds 
Benajah Lester 
Capt. Edwd. Latham 
Thomas D. Lewis 
Wid. A. Latham 
Capt Wm. Latham 
Lydia Latham 
Mary Latham 
Jonathan Latham 
Elizabeth Latham 
Amos Prentice, esq. 
Elisha Prior 
Abigail Palmer 
Alexander Reed 
Thomas Shaw 
Nathaniel Seabury 
Thankful Stanton 
Jabez Sholes 
Nathan Sholes 
John Starr 
Sarah Stedman 
Lucretia Sholes 
James Smith 
Experience Ward 
Eunice Williams 
Samuel Walsworth 
Christopher Woodbridge 
Peter Williams 
Berijamin Vose 
Ezekiel Yerington 
Elizabeth Seabury 
John Brown 
Daniel Williams 
Elisha Avery 



142 
57 



14 5 

7 8 


7 10 

15 2 
2 7 

8 1 
13 10 
19 



45 2 
92 4 

4 

3 4 
15 12 
566 1 
34 

6 
60 

1 



4 
6 
2 

15 

10 
I 

27 

6 

2 

177 

29 
7 

10 



2 

6 



8 

6 

6 

12 11 

19 4 

18 1 

1 6 

18 

8 9 

9 9 
15 3 

19 6 
14 2 

9 



Note. — A survey was directed to be made, at the expense of the gra»-* 
tees, to contain, Avithin its out lines, 500,000 acres. 



WESTERN RESERVE OP CONNECTICTt. 101 

\Act of Connecticut ^ May, 1795, Revised, 1808,jo. 456.] 

An Act for recording Conveyances of certain Lands lying on Lake Erie, 

That all deeds conveying any of said lands, shall be 
recorded in the town clerk's office in the town or tov>rns where ^^^^^ ^o*" ^^^^ 
the loss or damage of the original grantee, or g^^^^tees, mcn-^"^^p^^j.^"^' 
tioned in said grant was sustained, by the town clerii of such 
town, in a book to be by him kept for that purpose only, and 
by him to be provided at his own expense, and he to be en- 
titled to his lawful fees for recording; which record sliall be 
of the same validity as other town records. And all such 
deeds already executed, when so recorded as aforesaid, shall 
be considered as if recorded at the date thereof: Provided p^ ..^ 
the same are recorded before the first day of October next. 



[Act of Connecticut, October sess. 1796, Revised, 1808,/>. 452.] 

An Act for incorporating the Porprietors of the Half Million Acres of Land 
lying South of Lake Erie. 

Sec. 1. That the proprietors of said lands be a body cor- Proprietors 
porate and politic, and they are hereby ordained, constituted, ^^.\y^ ^^^^^ 
and declared to be a body corporate and politic, for the pur- ^^ Lake^Erie 
poses herein mentioned, in fact and in name, and shall be incorporated, 
known and called by the name of " The Proprietors of the 
Half Million Acres of Land lying south of Lake Eric^'' and by 
that name they and their heirs and assigns may and shall 
have succession, and shall be persons known in law^, capable 
of suing and of being sued, of pleading and being impleaded. 

Sec. 2. That in each of said towns shall be an annual f nnnal meet- 
meeting of the grantees within such towms, or those whOg'Jj^^j,^ 
legally represent them, on the last Tuesday of December, at 
nine o'clock, A. M. at the place in such town where the free- 
men's meetings are usually held, which proprietors when 
met shall choose a clerk and chairman, which clerk shall take 
the following oath, viz: 

"You A. B. being chosen clerk for the proprietors of this 
meeting, do swear that you will faithfully execute the office 
of such a clerk according to your best skill, and make entry 
of all such votes as shall be made, and deliver true copies of 
the same when they shall be required of you, taking only 
your just fees," So help you God, 

Sec 3. And the fees of such clerk shall be the same as the 
fees of town clerks, and he shall continue in office till another 
fee chosen and sworn. 

Sec 4. And said proprietors shall proceed to choose an Agents ap- 
agent or agents, to represent them in a general meeting for Pointed, 
the current year as herein after directed, and the number oi 



lot 



WESTERN RESEUVE OF CONNECTICUT* 



fVovi^o. 



Manner of 

choosing 

agents. 



Froviso. 



agents which may be sent, shall be regulated in the following 
manner, viz: — The proprietors in those towns whose allowed 
losses are £10,000 or less, may send one agent; those from 
ten to twenty thousand, may send two ; those from twenty to 
thirty thousand, may send three, and so in the same propor- 
tion: Provided., That the proprietors in those towns which 
are entitled to send more than one agent, shall be at liberty 
to send one only, or a number less than they are entitled to 
send; and said agent or agents shall have lhe same number of 
votes in general meeting, as the whole number of agents which 
the proprietors of such towns might have sent, should have 
had, if present in such meeting. 

Sec. 5. And in choosing said agents the votes of the pro- 
prietors in the several towns shall be reckoned in the follow- 
ing manner, viz: Those whose losses are less than £lOO shall 
have one vote ; those from one to two hundred shall have 
two votes; those from two to three hundred, shall have three, 
and so in the same proportion: Provided^ That no amount of 
any single loss shall entitle to more than ten votes, and that 
each original grantee or proprietor, if absent, may vote by 
representation according to his allowed loss, or interest in 
said lands; and that every present or future proprietor, shall 
vote according to the aggregate of his interest (not according 
to the number of losses which he has purchased) according to 
the above ratio. 

Sec. 6. And said proprietors shall also choose a collector^ 
who shall be sworn to a faithful discharge of his trust; and it 
shall be his duty to warn meetings, and to collect taxes, and 
to do such services in relation to said proprietors, as the 
general meeting shall direct; and said collectors are hereby 
empowered to do the same, taking their just fees, which shall 
be equal to those of the constables in the several towns of 
this state. 

Sec 7. And after said first meeting, said proprietors shall 
.have power to meet and adjourn, and to appoint times and 
places of meeting, according to regulations to be made bj 
the general meeting: Provided however^ That the towns of 
New-Haven, and East-Haven, whose losses were granted 
together, shall meet in said New-Haven^ and proceed as one 
town in the business aforesaid. 

^eneralmeet- ^^^' ^* That a general meeting of the agents from said 
ing of agents towns, shall be held in said New-Haven at the state-house4 
to be held in on the second Tuesday of March, 1797, at nine o'clock, A. M. 
ew- aven. ^yj^j^.}^ meeting shall choose a clerk, moderator and treasurer, 
all of whom shall be sworn to execute faithfully their re- 
spective offices, and thereupon the several agents shall be 
sworn by the clerk to execute their trust, and to do what in 
their judgment will conduce to the best interest of the pro- 
prietors ; and said officers and members shall continue in trust 
till others be chosen and sworn in their stead. 



Cotlector ^o 
be appointed 



Proprietors 
may meet, Sec 



Proviso. 



WESTERN RESERVE OF COTiNECTICUT. 103 

Sec. 9. And said general meeting shall have power to A common 
appoint a common seal, and to cause their clerk to procure seal may be 
and improve the same: also to adopt and prosecute measures ^^P^^"*^® ^ 
for extinguishing the Indian title, and for surveying and locat- 
ing said lands, and making partition thereof in townships or 
otherwise, and whatever else shall to them appear necessary 
or proper for the well ordering of the interest of said pro- 
prietors; and said general meeting shall have power to ex- General povw 
amine ail accounts or charges and expenses, which haveers, 
arisen in necessary business done for the general interest of 
the proprietors, to an amount not exceeding one hundred 
dollars, or which may necessarily hereafter arise, whatever 
may be the reasonable amount thereof and allow what they 
shall find due to any person or persons, and may direct their 
clerk to register the sums allowed, and to give orders on their 
treasurer for the payment thereof, whose duty it shall be to 
pay the same, from a fund to be provided in a manner here- 
after specified. 

Sec. 10. That for defraying all necessary and proper ex- Taxes may b© 
penses which have arisen as aforesaid, not exceeding said laid on pro- 
amount, or which may arise relating to said lands, it shall be Pastors. 
in the power of said general meeting to lay taxes on the 
proprietors of said lands, and to appoint the times when paya- 
ble, and said taxes shall be laid on the original rights, accord- 
ing to the names and amount of losses; and it shall be the 
, duty of the treasurer of said proprietors, to grant warrants 
to the collectors of the proprietors in the several towns, to 
collect such tax of the proprietors, or in case of their neglect 
or refusal, from the sale of the rights; and said collectors 
shall proceed in the collection and sale aforesaid, in the same Duty of col* 
manner as collectors of state taxes now proceed, and said ^®^*^^3 ^^' 
lands to be subject to the same equity and terms of redemp- 
tion: Provided^ That the persons, and other property of the 
proprietors, shall not be subject to the payment of such tax 
or taxes, but the lands only: Also provided^ That twenty 
days notice of such sale shall be given in the town where the Proviso; dis- 
original grantee lived, on the sign-post in such town, and i^tr^ss may issue 
the newspaper published in or nearest said town: and in case may be sold, 
of neglect or refusal of any collector to settle with and pay 
the treasurer of said proprietors by the time specified, it shall 
be the duty of the treasurer, to issue a distress against the 
proprietors of the town where such negligent collector dwells, 
which distress shall be directed to the sheriff of the county 
in which such proprietors dwell, him by the authority of this 
state commanding, to require by personal application to at 
least five of the considerable proprietors, payment of the 
taxes or arrears of taxes, which may be due from their collec- 
tor, together with his fees ; and upon their neglect or refusal, 
said sheriff to advertise, and sell as in the case of executions, 
£0 much of the rights or shares of such proprietors^ or any of 



104 WESTERN RESERVE OF CONNECTICUT* 

them, as shall be sufficient to pay the same, together with all 
legal fees and charges thereon ; and all distresses so granted, 
shall be returnable in sixty days from the date thereof; and 
it shall be the duty of such sheriffs to receive such distresses^ 
and they are hereby empowered to execute the same; and 
said sheriffs in case of their neglecting their duty herein, shall 
be liable to the treasurer of said proprietors in the same 
manner as they are liable in hke cases to the treasurer of this 
state ; and all sales of rights or parts of rights, made as afore- 
said by such collector or sheriffs, shall be as valid to the pur- 
chaser, (subject only to said equity and terms of redemp- 
tion) as if he had received the same from the original gran- 
tee, and deeds shall be made such collectors and sheriffs ac- 
cordingly. 

Manner of ^^^* ^^' That each of said agents in general meeting shall 

voting. have an equal vote, and any agent or agents who shall not 

attend said general meeting, may vote by representation, on 

giving a written power to any other agent or agents to vote 

and act for him or them. 

Sec. 12. And said general meeting shall have right and 
ma^kebv-Sw^ power to make any by-laws for the well ordering of said pro- 
le, ' priely, which shall not be contrary to this act nor the laws of 
this state; and such by-laws after being published twenty 
days in the newspapers of New-London, New-Haven and 
Fairfield, or Danbary, shall until altered, revoked, or sus- 
pended by said general meeting, be binding upon all the 
proprietors. 

Sec. 13. And said first general meeting shall have power 
Future meet to make regulations respecting their future meetings, and 
sngsreguiat- ^^^ rneet and adjourn as occasion may be; but may at any 
time be convened in said New-Haven or Hartford, as the 
general meeting may direct, by timely written notice from 
the moderator to each of the agents; and it shall be the duty 
of said moderator, on application of not less than half the 
number of all the agents, to issue such notices, therein spe- 
cifying the time, place, particular occasion and business of 
their meeting: and said meetings may proceed to business 
whenever a major part of the members are present, and not 
I'rovisc, before: Provided, That this act of incorporation shall not 

operate to alter or affect the proportion of interest of the 
grantees in the original grant, or their assigns : Provided also^ 
That this act shall not be binding or obligatory on the ori- 
ginal grantees, or their heirs or assigns, excepting those who 
shall enter their names with the clerk of the grantees, in the 
town or towns where their respective loss or losses were sus- 
Froviso. tained: Provided nevertheless, That when any grantee or gran- 

tees, his or their heirs or assigns shall have entered his or 
their name or names as aforesaid, they shall be subjected to 
pay his or their proportion of all expenses, that may have 



WESTERN RESERVE OF CONNECTICUT. . 105 

been incurred by said proprietors, in the management of iiicir 
said concerns. 

Sec. 14. And this act sliall to all intents be a public act, This a public 
and shall continue in force during the pleasure of the Gene- act. 
ral Assembly. 



[Ad of Conncclimt^May, 1797, Revised, lS08,/>. 455.] 

An Act in addition to, and alteration of an Act, entitled "An Act for In- 
corporating the Proprietors of the Half Million Acres of Land, lying south 
of Lake*Eric. 

Sec. 1. That so much of said act as is contained in the words Part of origin' 
following, viz: ^^Provided also^ That this act shall not be bind- »* ^ct repeal- 
ing or obligatory on the original grantees, or their heirs or 
assigns, excepting those who shall enter their names with the 
clerk of the grantees, in the town or towns where their re- 
spective loss or losses were sustained: Provided nevertheless, Vvavlso, 
That when any grantees, his or their heirs or assigns, shall 
have entered his or their name or names as aforesaid, they 
shall be subjected to pay his or their proportion of ail ex- 
penses, that may have been incurred by said proprietors in 
the management of their said concerns," be and the same is 
hereby repealed. 

Sec 2. That in all cases where the lands, rights, shares or I^igntsoffe- 
losses of the original grantee or grantees, his, her or their ^^^ covert 
assigns, shall be sold for the payment of any tax or taxes, in 
pursuance of said act of incorporation; the said grantee or 
grantees, his, her or their assigns at the time of such sale be- 
ing under the age of twenty-one years, y^mc covert, non compos 
mentis, or beyond the seas; that such person or persons, his 
and their heir or heirs, at any time within one year next after 
his or their full age, discoverture, or coming of sound mind, or 
returning from beyond the seas, shall or may pay and satisfy or 
tender to the person or persons so purchasing of said collec- 
tor, the purchase money together with all costs and charges, 
and double interest thereon. And upon such payment or ten- 
der, said purchaser shall re-deliver his deed from said collec- 
tor, to the person or persons who shall pay or tender as afore- 
said, if the same be at the tim.e of tender unrecorded, and 
thereupon the title of said lands shall be vested in the pro- 
prietor for whose taxes the same was sold, and upon refusal to 
deliver the deed as aforesaid, the same shall be and become 
void; but if said deed shall have been recorded, the purchaser 
in that case shall immediately re-convey said lands to the per- 
son who shall pay or tender as aforesaid. 

O 



IQ^ 



WESTERN HESERVE OF CONNECTICUT. 



[Jet ofOhio^ 15th 4?n7, 1803, 1st. v. p. 106. 

An Act to incorporate the owners and proprietoi-s of [the] half million acres 
cf land, lying south of Lake Erie, in the county of Trumbull. 

Proprietors of Sec. 1. That the owners and proprietors of said half 
said half mil- miihori acres of land he, and they herehy are, ordained and 
lion of acres constituted a body politic and corporate, in fact and in name, 



incorporated. 



Board of di- 
rectors and 

powers. 



by the name of "The proprietors of the half miUion acres of 
land, lying south of Lake Erie, called Sufferers' Land," and 
by that name they, their heirs and assigns, may and shall 
have succession, capable of suing and being sued, of plead- 
ing and being impleaded. 

Sec. 2. That there be a board of directors for said own- 
ers and proprietors, consisting of nine persons, one of whom 
is to represent each of the respective sujffering towns afore- 
said, except the town of New-London, which town shall have 
-two votes in said directors, and in case of the absence of one 
of the directors from said town, the attending director shall 
give the two votes ; any five of whom shall have power to 
do the business of the said company, and also have power 
to appoint a chairman, clerk, treasurer and collector or col- 
lectors; and said directors, clerk, treasurer and collector or 
collectors, shall be by some magistrate, justice of the peace 
or notary public, severally sworn to a faithful discharge of 
their respective offices, all of whom shall continue in office 
until others are appointed and sworn in their room, and that 
said treasurer and collector or collectors, shall become 
feound to said directors in such penal sum as said directors 
think necessary by bond with surety, conditioned for the 
faithful performance of their respective offices ; and that said 
directors, for and in behalf of said proprietors, be, and they 
are hereby authorized (whenever and as soon as they shall 
obtain permission under the authority of sa.id United States 
to hold treaty) to adopt and prosecute measures to extin- 
guish the Indian claim of title in and to said half million 
acres of land ; to survey and locate the same into townships 
or otherwise, and to make an exact partition thereof, to and 
among the owners and proprietors thereof and their assigns, 
in proportion to the amount of the loss or losses by them re- 
spectively owned, at the time of making such partition, in 
such way and manner as said board of directors shall order; 
and they are hereby authorised to fill all vacancies in said 
offices; and that to defray all necessary expenses of said 
company in purchasing and extinguishing the Indian claim 
of title, surveying, locating and making partition thereof as 
aforesaid, and all other necessary expenses of said company, 
power be and the same is hereby given to and vested in, said 
directors, and their successors in ofiice, to levy a tax or taxes 
(two-thirds of the said directors present agreeing thereto) 



WESTERN RESERVS OP CONNECTICUT. 107 

on said land, and have power to enforce the collection of the 
same: Provided^ That no tax shall be levied but by a vote 
of two-thirds of the directors present. 

Sec. 3. That Jabez Fitch of Greenwich, Taylor Sher- Perons ap- 
man of Norwalk, Walter Bradley of Fairfield, Philip B. pointed first 
Bradley of Bridgefield, James Clark of Danbury, Isaac Mills ^"■^^°''- 
^of New-Haven, and East-Haven, Elias Perkins and Guy Rich- 
ards of New-London, and Star Chester of Groton, be and they 
are hereby constituted and appointed the first directors for 
said company, and may hold their first meeting, after pass- 
ing of this act, at such time and place as any five or more 
of said directors shall appoint: Provided^ Such director so 
agreeing to such first meeting shall give the rest of said di- reTtors^&cr 
rectors at least six days notice, by summons or other actual 
notice, previous to said first meeting of said directors, and 
that said directors, so assembled, being sworn as aforesaid^ 
shall proceed to the choice of a chairman, clerk and other 
officers, for the purpose aforesaid, and shall have power to 
adjourn from time to time and from place to place, and to 
warn future meetings of said directors, at such time and 
place, and in such manner as they may think proper. 

Sec 4. That from and after the first meeting of said di- Directors hov; 
rectors, the directors shall be chosen once in two years or f^^^^^^ ^/^^^' 
biennially, from the said towns severally, by the proprietors '^^ "^^^ ^'^-* 
of said lands holding losses sustained in said towns, each 
town to choose one director, except the town of New-Lon- 
don, which is to choose two directors, and the time and man- 
ner of holding and voting in said election shall be regulated 
by the said directors, at their first meeting. 

Sec 5. That it shall be the duty of said clerk to truly cierk?s duty, 
enter and record, all votes and doings of said directors, and 
that he shall, on application, give true copies thereof, and 
the same being duly certified under his hand and seal, shall 
in all cases be received and allowed as evidence. 

Sec 6. That when a;ny tax or taxes be laid as aforesaid. Treasurer's 
it shall be the duty of the treasurer to grant warrants to said ^^^J* 
collector or collectors to collect the same, and to account for 
and pay over the avails thereof, as said directors shall order, 
and that all sales of lands for taxes to the company shell be 
made in towns where the losses were sustained. 

Sec. 7. That it shall be the duty of the collector or Collector-e 
collectors to execute all warrants to him or them direct- (luty. 
ed by said treasurer, for collection of any tax or taxes laid 
by said board of directors. And said collector or collec- 
tors, shall give due and reasonable notice of the time when 
said tax or taxes are or shall be payable to the treasurer of 
said directors, by advertising the same at least three weeks 
successively, in at least one newspaper published in each of 
the counties of Fairfield, New-Haven and New-London, in 
said state of Connecticut, and by giving any further notice in 



103 - WESTERN RESEH^'^ OF CO]\^NECTICUT. 

or without said state of Connecticut, as said directors may 
order, and that said tax or taxes shall be assessed on the ori- 
ginal rights or losses, in proportion to cacli person's respective 
Proviso. share ov loss, as set in said grant: Provided^ That said lands 

only shall be suijject to the payment of said tax or taxes; and 
that wiien any tax or taxes, after the time limited for the 
payment thereon remiins unpaid, it shall be the further duty 
of said cohector or collectors to give notice of time and place, 
in manner aforesaid, that he or tbey shall proceed to sell, at 
public vendue, so much of the original loss and right of such 
delinquent proprietor, as will be suthcient to pay said tax or 
taxes, and all reasoaable charges arising thereon, and said 
notice to be at least sixty days previous to any sale being 
made by any collector. 
Directors may '^^^* ^' That said directors and their successors shall 
sue for tres- have authority, and are empowered to institute any prose- 
pass, &c. cution, reah personal or mixed, as the case may require, 
agaiast any person or persons, who siiail at any time enter 
on the said lands, or any part of them, or qommit any act of 
trespass thereon, and pursue such action to final judgment 
and execution, and to adjust and settle the accounts of the 
former incorporation, and to bring the officers and servants 
of said former incorporation to account and tinal settlement 
by suits at law or otherwise. 
Sales of rights Sec. 9. That all sales of rights, or parts of rights, of any 
bj collector * owner or proprietor in said half million acres of land, made 
valid, &c. ^j ^j^y collector as aforesaid, shall be good and valid so as 
to secure an absolute title in the purchase, unless the said 
owner and proprietor shall redeem the same within six cal- 
endar months next after the sale thereof, by paying the tax 
or taxes for which the said right or rights or parts thereof, 
had been sold, with twelve per cent, interest thereon and 
costs of suit. 
Directoi-s' Sec. 10. That said directors shall have power and autho- 

powers. j-i^j^ ojj(i the same is hereby given to them and their succes- 

sors, to do whatever shall to them appear necessary and 
proper to be done, for tiie well ordering and interest of said 
owners and proprietors, not contrary to the laws of this 
state. 
Directors to Sec. 11. That it shall be the duty of the said directors to 
state accounts state the accounts of said corporation, annually, and leave 
of c(>r|)ori- i^j-j^ same in tlie hands of the treasurer for the inspection of 
' * any of said proprieiors, and supplies of money which shall 
remain in the hands of the. treasurer after the Indian title 
^ shall be extinguished and said land located and partition 

thereof made, shall be used by said directors, for theiaying ,; 
out and improving the public roads in said tract, as this as- 
sembly shall direct. - 
., . ,,. Sec. 12. That this act shall be and remain a public act 

1.15 a pUDllC , . ., 1 r xi • * 11 

act. durnig the plciiearo of tiiis As^cmblv. 



WESTERN RESERVE OP CONNECTICUT^ lOD 

[Act of February 20, 1812, 10 v. L. Ohio,p, 163.] 

Whereas it is represented to this General Assembly, by tbe 

directors of the proprietors of tlie half million of acres rreamWe,, 
of land lying soutii of Lake Erie, called '' Sufferer^ s 
Ldad^'' incoporated by that name, by an act of the Gen- 
eral Assembly of this state, passed the fifteenth day of 
April, one thousand eight hundred and three, that by 
virtue of the authority vested in them by said act, the 
said proprietors have extinguished the Indian claim of 
title to said land, surveyed and located the same into 
townships and sections, made an exact partition thereof 
to and among the proprietors, and used the surplus 
monies, which remained in the hands of their treasurer 
after the Indian title was extinguished, and partition of 
said lands was made, amounting to about two thou- 
sand six hundred dollars, for laying out and improv- 
ing the public roads in said tract, and have now fully 
done and completed all and singular the matters and 
things which the interest of said proprietors required, 
and agreeably to the provisions and requirements of said 
act of incorporation: 
And whereas, it is further represented by the said directoi^, 
that in transacting the business of said company, under 
the provisions of the act aforesaid, they have caused 
their clerk to make and keep a true entry and record 
of all the votes and doings of the directors, agreeably 
to the requirements of said act, and that said company 
have, in consequence thereof, two record books, one of 
which contains the votes and proceedings of the di- 
rectors, and a record of the field minutes of the survey 
of said land ; and the other, a complete partition of the 
whole of said half million of acres, both which record 
books are certified to be the records of said company, 
by Isaac Mills, esq. their clerk, and deposited in the 
hands of the recorder of Huron county, where the di- 
rectors of said company pray they may be and remain 
as part of the records of said county — Therefore, 
Sec 1. That the record books, aforesaid, containing the j^^^^^j^^ 
votes and proceedings of the directors of said company, and main in Huron 
records of the field minutes of the survey of said half million county and 
of acres, and the record of partition thereof, be kept by ^°P^®^ ^"^^^^ 
the recorder of Huron county and his successors in office, ^ " ' 
and that said record books be and remain a part and par- 
cel of the records of said county, and that any certified 
copies therefrom, which may hereafter be made by the re- 
corder of said county, may be used and read as legal evi- 
dence in all courts of record or elsewhere; and it shall be 
the duty of the recorder of Huron county, to give a certi- 
fied copy of any part of said records, to anv person demand- 
i 



ilO WESTERN RESERVE OP COICNECTICUT, 

ing the same, for which he shall be entitled to the same 
fees as are provided by law for copies of other records. 
Expenditure Sec. 2. That the expenditure of said sum of two thou- 
«Mi roads rati- sand six hundred dollars, surplus money, in laying out and 
improving the public roads on said lands, as before mention- 
ed, be, and the same is hereby, ratified and confirmed. 
Effect This act to take effect from and after the passage there<if.. 



Wiva^ini^ ^iUtmn aJountie!^. 



[Ad of May ^ 1779, Henning's Statutes of Virginia^ 10 ^•. p. 23.] 

Sec. 1. That every able bodied freeman who will enlist, bounties in 
and who having enlisted to serve a particular periodof time money, land?, 
unexpired, will re-enlist to serve during the continuance of ^^' 
the present war, among the troops of this commonwealth, 
either at home or in the continental army, as he shall be di- 
rected, or as a sailor or marine on board the armed vessels 
in this commonwealth, shall receive so much money as with 
the continental bounty if he be put on that service, shall 
make up seven hundred and fifty dollars, taking into account 
in the case of re-enlistment the bounty before paid the soldier, 
sailor, or marine re-enlisting, and the pay and rations allowed 
to the like soldiers, sailors or marines in the continental ser- 
vice to begin from the day of his enlistment; he shall also be 
furnished at the public expense, with a coat, waistcoat, pair 
of overalls, two shirts, a pair of shoes, and a hat, to be de- 
livered at the place of rendezvous, and with the like articles 
every year after, during his service, to be delivered at his sta- 
tion; in lieu of such of those articles as are allowed by 
Congress, which articles so allowed by Congress, shall be 
received by proper officers to be appointed by the governor 
with advice of council, and applied to the discharge of the 
engagements of this act, or otherwise to the use of this com- 
monwealth as the governor with advice of council shall 
direct. At the end of the war every of the said soldiers, 
sailors, and marines, shall be entitled to a grant of one hun- 
dred acres of any unappropriated land within this common- 
wealth, and every of the officers commanding the said sol- 
diers, sailors, or marines, shall be entitled to a grant of the 
like quantity of lands as is allowed to officers of the same 
rank in the Virginia regiments on continental establishment, 
which they shall locate according to the directions of the 
laws, for which no purchase mooey shall be required on be- 
half of the commonwealth. 



ir 



VIRGINJA MILITARY BOUNTIES. 



l^d of May, 1779, 10 r. Hen. St. Va. p, 51. Chan. Rev. 95.] 

Sec. 2. And whereas a certain bounty in lands hath 
been engaged to the troops on continental establishment, 
raised by the ordinances of convention or the laws of this 
commonwealth, and to the troops upon Virginia establish- 
ment : 

Lrindbo'jnties ^g ^^ enacted, That the officers and soldiers of the said 
"vidcnce'^ob- ^^oops, as well as the officers and soldiers to whom a bounty 
tained. in lands may, or shall be hereafter allowed by any law of 

this commonwealth, shall be entitled to the quantity of waste 
or unappropriated lands respectively engaged to them by 
such laws, a commissioned officer or his heirs, upon certifi- 
cate from any general officer of the Virginia line, or the 
commanding officer of the troops on the Virginia establish- 
ment, as the case may be, and a non-commissioned officer or 
soldier, or his heirs, upon certificate from the colonel or 
commanding officer of the regiment or corps to which they 
respectively belonged, that such officer or soldier hath served 
the time required by law, or hath been slain or died in the 
service, distinguishing particularly the time such offiicer or 
soldier hath served, and in what regiment or corps such ser- 
vice hath been performed, or death happened; and upoa 
making proof before any court of record within this com^ 
monwealth by the person's own oath, or other satisfactory 
evidence of the truth and authenticity of the said certificate, 
and that the party had never before proved or claimed his 
right to land for the service therein mentioned, which proof 
the clerk of the court before whom it shall be made, is here- 
by empowered and required to endorse and certify upon the 
original certificate, making an entry or minute thereof in his 
order book and recording the same ; and every county court 
shrdl annually, in the month of October, send to the register's 
office, a list of all certificates granted by their respective 
county courts upon any of the before mentioned rights, there 
to be recorded. 

Warrantshow ^^^* ^' That upon application of any person or persons, 
obtained,&c. their heirs or assigns, having title to waste or unappropriated 
lands, either by military rights or treasury rights, and lodg- 
ing in the land office a certificate thereof, the register of the 
said office shall grant to such person or persons a printed 
warrant under his hand and the seal of his office, specifying 
the quantity of land and the rights upon which it is due, 
authorising any surveyor duly qucdified according to law, to 
lay off and survey the same, and shall regularly enter and 
record in the books of his office, all such certificates and the 
warrants issued thereupon, which warrants shall always be 



VIRGINIA MILITARY BOUNTIES. 113 

good and valid until executed by actual survey, or exchanged Warrants, 
in the manner herein after directed: Provided^ That no war- j^^^^' *^'^<^^i^^^» 
rant on treasury rights, other than pre-emption warrants, to 
be obtained by virtue of this act, shall be granted or issued 
before the fifteenth day of October next; nor shall the sur- 
vevor of aity county admit the entry or location of any war- 
rant on treasury rights, except pre-emption warrants, in his 
books, before the first day of May next. Any person hold- 
ing a land warrant upon any of the before mentioned rights, 
may have the same executed in one or more surveys, and in 
such case, or where the lands on which any warrant is locat- 
ed shall be insufficient to satisfy such warrant, the party may 
have the said warrant exchanged by the register of the land 
office for others of the same amount in the whole, but divid- 
ed as best may answer the purposes of the party, or entitle 
him to so much land elsewhere as will make good the de- 
ficiency. No entry or location of land shall be admitted Locations not 
within the county and limits of the Cherokee Indians, or on to be made on 
the nortliwest side of the Ohio river, or on the lands re serv- certain lands. 
ed by act of Assembly for any particular nation or tribe of 
Indians, or on the lands granted by law to Richard Hender- 
son and company, or in that tract of country reserved by re- 
solution oi the General Assembly for the benefit of the 
troops serving in the present war, and bounded by the Green 
river and a south east course from the head thereof to the 
Cumberland mountains, with the said mountains to the Caro- 
lina line, with the Carolina line to the Cherokee or Ten- 
nessee river, with the said river to the Ohio river, and with 
the Ohio to the said Green river, until the further order of 
the General Assembly. 

All persons, as well foreigners as others, shall have right to Plats and cer- 
assign or transfer warrants or certificates of survey for lands. t}^cates as- 

Sec. 4. And whereas, through the ignorance, negligence, '^ 
or fraud of surveyors, it may happen that divers persons now 
do or may hereafter hold within the bounds expressed in 
their patents or grants, greater quantities of land than are 
therein mentioned; for quieting such possessions, preventing 
controversies, and doing equal justice to the commonwealth 
and its citizens: Be it enacted That it shall hot be lawful for I^o^ grants 
any person to enter for, survey, or take up, any parcel of [^J^^^^jJ^^^^ ^^ 
land held as surplus in any patent or grant, except during obtained, 
the lifetime of the patentee or grantee, and before any trans- 
ference, conveyance, or other alienation shall have been 
made of the lands contained in such patent or grant, and 
until the party intending to enter and take up the same, 
shall have given one full years notice to such patentee or 
grantee of such his intentions; and in case such patentee or 
grantee shall not within the year, obtain rights and sue forth 
a patent for the surplus land by him lield, it shall be lawful 
for the person who gave notice as aforesaid, upon producing ^ 



114 VIRGINIA MILITARY BOUNtlES. 

a eertificate from the clerk of due proof of such notice he- 
fore the court of the county wherein such patentee or gran- 
tee resides, to demand from the register of the land office, 
a warrant to the surveyor of the county wherein such lands 
lie, to resurvey at the proper charge of the person ohtaining 
such warrant, the whole tract within the bounds of the pat- 
ent or grant, and upon such persons returning into the land 
office a plat and certificate of such resurvey, together with 
the warrant on which it is founded, and obtaining and pro- 
ducing new rights for all the surplus land found within the 
said bounds, he may sue forth and obtain a new grant for 
such surplus, which shall be granted to him in the same 
manner as waste or unappropriated lands; but the former 
patentee or grantee may assign such surplus land in any part 
of his tract as he shall think fit in one entire piece, the breadth 
of which shall be at least one third of the length; and ifl 
such new grant there shall be a recital of the original patent 
or grant, the resurvey of which the surplus was ascertained^ 
and of other material circumstances. 

Sec. 5. Provided always^ That if upon notice given as 

kin^hoMers ^foresaid, the original patentee or grantee shall within the 

unjustly vex- jear resurvey his tract, and it be thereupon found that he 

ed. hath no more than the quantity of land expressed in his 

patent or grant, with the allowance herein after mentioned, 

the party giving such notice shall be liable to pay all charges 

of such resurvey, for which he shall give sufficient security 

to the said patentee or grantee at the time Oif the notice, 

otherwise such notice shall be void and of no effect; and 

moreover for his unjust vexation, shall also be liable to an 

action upon the case at the suit of the party grieved, and 

that in all such new surveys, the patentee or grantee shall 

have an allowance at the rate of five acres in every hundred, 

for the variation x)f instruments.* 



[Act of Oct. 1779, 10 r. Hen. St. Va. p. 141.] 

Bounties to ^^^' ^' That every person acting as chaplain, surgeon, or 

ohaplains,&c. surgeon's mate, to any regiment or brigade of officers and 
soldiers raised within this commonwealth, and upon conti- 
nental establishment, and who hath, or shall hereafter serve 
in that office the space of three years or during the war, 
shall be entitled to and have the like quantity of lands as 
is by law allowed to commissioned officers receiving the 
same pay and rations. 

*The residue of this act regulates survey?, the proceedings upon caveats, 
the forms of grants, and prescrib<^s how mistakes intke courses and descrip- 
tion of the bounds may be rectified, &c. 



11 



VIRGINIA MILITARY BOUNTIES. 115 

[Act of Oct.llld, 10 r. Hen, St. Va, p, 160, Chan. Rev. 112.] 

Sec. 2. And whereas no law of this commonwealth hath Land bounties 
jet ascertained the proportions or quantity of land to he to officers, Arc. 
granted, at the end of the present war, to the officers of the 
Virginia line on continental or state estahlisliment, or to the 
officers of the Virginia navy, and doubts may arise respect- 
ing the particular quantity of land due to the soldiers and 
sailors, from the dilFerent terms of their enlistments: Be it 
enacted^ That the officers who shall have served in the Vir- 
ginia line on continental establishment, or in the army or 
navy upon state establishment to the end of the present war; 
and the non-commissioned officers, soldiers, and sailors upon 
either of the said establishments, their heirs or legal repre- 
sentatives, shall respectively be entitled to and receive the 
proportion and quantities of land following: that is to say, 
every colonel, five thousand acres; every lieutenant colonel, 
four thousand five hundred acres; every major, four thousand 
acres; every captain, three thousand acres; every subaltern, 
two thousand acres; every non-commissioned officer who 
having enlisted for the war, shall have served to the end 
thereof, four hundred acres; and every soldier and sailor 
under the like circumstances, two hundred acres; every non- 
commissioned officer, who having enlisted for the term of 
three years, shall have served out the same, or to the end of 
the present war, two hundred acres; and every soldier and 
sailor under the like circumstances, one hundred acres; 
every officer of the navy the same quantity of land as an 
officer of equal rank in the army. And where any officer, 
soldier, or sailor shall have fallen or died in the service, his 
heirs or legal representatives shall be entitled to and receive 
the same quantity of land as would have been due to such 
•ffieer, soldier, or sailor respectively, had he been living. 



[Ad of May, 1780, 10 r. Hen, St, Va, p, 240, Chan, Rev. 122.] 

Sec. 6. And whereas many warrants from the register, Lost ^arrantfl 
may have been, or may hereafter be casually lost: Be it m- how renewed. 
ax:ted, That upon satisfactory proof thereof being made, be- 
fore any court of record, the owner shall obtain from such 
court a certificate, which shall authorize the register to issue 
a duplicate of such warrant, which shall have the same force 
as the original would have had; but such original shall be 
void, unless a grant shall be actually issued upon such ori- 
ginal before application for the duplicate. 



116 VIRGINIA MILITARY BOUNTIES. 



[Act of Oct. 1780, 10 V. Hen. St. Va.p. 331.] 



Land bounty f ^^^* ^*] ^^^^ ^^^^ recruit and also all our soldiers now in 
to soldiers, 300 service that have already enlisted, or v^ho may hereafter en- 
acres, list by the said first day of April next to serve during the war^ 
and who shall continue to serve faithfully to the end thereof^ 
shall then receive a healthy sound negro, between the ages of 
ten and thirty years, or sixty pounds in gold or silver, at the 
option of the soldier ia lieu thereof, to be paid for, or procured 
by equal assessment on property ; and moreover be entitled 
to three hundred acres of land, in lieu of all such bounties 
given by any former laws: Provided, That no soldier shall 
ahenate or assign his title to the said land or slave, until his 
time of service shall expire,* 



[Jlct of Oct. 1780, 10 r. Hen. St. Va.p.Slb, Chan. Ret. 135.] 

Bounties to Sec. 4. And whereas no provision has been made in land 
othe^^f]'^"^ for the general officers of this state in continental service, 
therefore: Be it enacted. That there shall be allowed to a ma- 
jor general fifteen thousand acres of land, and to a brigadier 
general ten thousand acres of land, to be reserved to them 
and their heirs, in the same manner and on the same condi- 
tions as is by law heretofore directed for the officers and sol- 
diers of the Virginia line in continental service, and ther6 
shall be moreover allowed to all the officers of this state on 
continental or state establishments, or to the legal representa- 
tives of such officers, according to their respective ranks, an 
additional bounty in lands, in the proportion of one third of 
any former bounty heretofore granted them. 
^ , Sec. 5. That the legal representative of any officer on 

seSati^Ts'^ en- ^^^^^^i^^'^^^l ^^ state establishments, who may have died in 
titled to boun- the service before the bounty of lands granted by this or any 
^y- former law, shall be entitled to demand and receive the same 

in like manner as the officer himself might have done when 
living, agreeable to his rank. And as a testimony of the 
high sense the General Assembly of Virginia entertain of the 
important services rendered the United States by the hon- 
GranttoBa- orable major general Baron Steuben: It is further enacted^ 
ron Steuben. That fifteen thousand acres of land be granted to the said 
major general Baron Steuben, in like manner as is herein 
before granted to other major generals. 

*Mr. Henning, in a note to this act, says— -''The provisions of this act, 
which grants 300 acres of land to soldiers, who have enlisted or should en- 
list for the war, and who should serve to the end thereof, instead of 200, 
as by the former act of October, 1779, has been entirely overlooked in 
practice.'" This, he thinks, Avas owing to the fact that the title only was 
printed in the Chancellor's Revisal, and that those who were called upon 
to execute the various laws, looked to that compilation, as containing all 
the laws in relation to land bounties. 



VIRGINIA MILITARY BOUNTIES. 117 

[Ad of Oct, 1780, 10 r. Hen. St. Va.p. 466, Chan. Rev. 145.] 

Sec. 9. That the governor, with the advice of the council, When and 
shall, as soon as the circumstances of affairs will admit, ap- ^^w lands of 
point surveyors, to be nominated, examined and commissioned shall be sur- 
in the usual form, for the purpose of surveying and appor-veyed. , 
tioning the said lands and the tract heretofore reserved for 
the said purpose to the said officers and soldiers agreeable to 
their ranks respectively, in such manner and in such propor- 
tions as are allowed by act of assembly as a bounty for mili- 
tary services: And it shall be lawful for the said officers to 
depute and appoint as many of their number as they may 
think proper to superintend the laying off the said lands, who 
shall have power to choose the best of the same, thus to be 
allotted, and point the same out to the said surveyors, who 
shall proceed to survey the same in the proportion as they 
shall be directed by the said superintendents, and shall in the 
same manner be subject to their orders throughout the sur- 
rey, which said surveys shall be at the expense of the officers 
and soldiers: And after such survey, the portions of each 
rank shall be numbered, and the said officers and soldiers 
shall according to their ranks respectively, proceed to draw 
lots for the numbers, which they shall have power to locate 
as soon as thev shall think proper; which said lands shall be 
free from taxation during the continuance of the present war: 
Provided nevertheless^ That if at any time after the said loca- 
tion and allotment shall have taken place, any officer shall 
resign, or by his misconduct forfeit his commission, the lot by 
him so located shall revert to the state: And provided also, 
That nothing contained in this act shall be construed to de- 
bar the officers of the artillery and cavalry, citizens of this 
state who received their appointments originally in the same, 
and have by a regular line of succession been, or shall be 
promoted to a corps raised in another state, from any of the 
benefits hereby granted, or intended to be granted, to the 
©fficers of the Virginia line. 



[Act ofJVbv. 1781, 10 I?. Hen. St. Va.p. 499.] 

Sec. 1. That the governor, v/ith the advice of council, shall Recruits for 
appoint some discreet officer or officers in the respective coun- two years or 
ties within this state, to recruit, by voluntary enlistments, ^^""^ * ^ 
any number of soldiers not exceeding three thousand, for 
the term of two years, or during the war; each soldier to be 
not less than five feet four inches high, not being a deserter 
nor subject to fits, of able body and sound mind, fit for imme- 
diate service. For every soldier enlisted as above described 
the recruiting officer shall be entitled to the sum of forty 



118 vine INI A MILITARY BOUNTIES. 

sliillings specie. The governor, with the advice of council, 

shall have power to advance any sum of money necessary for 

the full execution of this act, either to the officers aforesaid 

or to some other proper person in each respective county 

where the recruiting business shall be, first taking bond and 

good security if necessary, for the faithful application of the 

same. The men enlisted shall be entitled to subsistence 

from the day of their enlistment. 

Soldiers for Sec. 2. That every soldier who shall enlist to serve in the 

Ivi'iTf^K^.!!!" continental armv for the term of two vears or during the war, 
titled to Doun- , 1, T „ Y 1 r 1 11 1-11 

ties and irnmu- shall be allowed the sum of twenty dollars, to be paid down 

nitics of other as soon as he is sworn for that purpose, and shall be entitled 

®°^^^'^®'^^^^ to all other immunities that other continental solders are. 



\Act of May, 1782, 11 r. Hen, St, p. 83, Chan. Rev. 166.] 

Officers and Sec. 7. And whereas it is necessary that the number of 
soldiers to claims to any part of the lands appropriated for the benefit 
give in their of the said officers and soldiers should be speedily ascertain- 
ed : Be it tfierejore enacted, 1 iiat all persons having claims as 
aforesaid be required, and they are hereby directed, to 
transmit authenticated vouchers of the same to the war 
office on or before the first day of January next; and if any 
person having such claim shall be without the state, he shall 
transmit the same on or before the first day of June next 
following. 
How their ^^^' ^' That the register of the land office be, and he 

land v/arrants is hereby empowered and required to grant to the said offi- 
are to be ob- cers and soldiers, warrants for the lands allotted them, upon 
producing to the register a certificate of their claims respect- 
ively from the commissioner of war, and no [not] otherwise.* 
Bounty for Sec. 9. That any officer or soldier who has not been cash- 

three and six iered or superseded, and who hath served the term of three 
years service, years successively, shall have an absolute and unconditional 
title to his respective apportionment of the land appropriated 
as aforesaid. And for every year which every officer or sol- 
dier may have continued, or shall hereafter continue in ser- 
vice beyond the term of six years, to be computed from the 
time he last Avent into service, he shall be entitled to one 
sixth part in addition to the quantity of the land apportion- 
ed to his rank respectively. 
Xo locations Sec. 10. That no surveyor shall be permitted to receive 
•vithin rcser- any location upon any warrant for lands within the county 
Ii<-pr?"/^.^ °^" reserved for the officers and soldiers, until the apportionment 
' ' ' and draught for the same, as directed by the act entitled, 



^October 1782, 11 v. Hon. St. Va. p. 133. The office of commissioner of 
war abolished, and the duties appertaining to him, directed to be performed 
hy the executive. 



I 



VIRGINIA MILITARY BOUNTIES. 119 

'^An act to adjust and regulate the pay and accounts of the 
officers and soldiers of the Virginia line on continental estab- 
lishment, and also of the officers, soldiers, sailors and marines . 
in the service of this state, and for other purposes." 



[Act ofOcL 1783, 11 1;. Hen, St. Va.p. 309, Chan. Rev. 210.] 

Sec. 1. For the better; locating and surveying the lands giv- Deputation of 
en by law to the officers and soldiers on continental and state o^'c^is to 
establishments: Be it enacted by the General Assembly^ That |j^^^^^jg^JgP 
it shall and may be lawful for the deputations of officers, con- and sur- 
sisting of major general Peter Mughlenburg, maior general vcyors. 
Cliarles Scott, major general George Weedon, brigadier gen- 
eral Daniel Morgan, brigadier general James Wood, colonel 
William Heth, lieutenant colonels Towles, Hopkins, Clark, 
and Temple, captain Nathaniel Burwell, and captain Mayo 
Carrington, of the continental line, or any five of them; and 
brigadier general Clark, colonels Brent, Muter, and Dabney, 
major Meriwether, captains Roane, Rogers, and Boswell, 
of the state line, or any three of them, to appoint superin- 
tendents on behalf of the respective lines, or jointly, for the 
purpose of regulating the surveying of the lands appropri- 
ated by law as bounties for the said officers and soldiers; and Two prm- 
that the said deputations of officers shall have power to nomi- cipal survej- 
nate and appoint two principal surveyors, to be commission- ^^^.JJJ^J^^^^ 
ed as other surveyors within this commonwealth, and con- 
tract with them for their fees, who shall appoint their depu- 
ties, to be approved by the superintendents; and in case of 
their death, or inability to act, the superintendents shall have 
power to appoint from time to time, a successor or suc- 
cessors, as the case may require. Provided, That one sixth Part of fees re- 
part of the fees received by such surveyor or deputies, shall ^f^^'^^ *°/^^^" 
be accounted for to the use of the college of William and MaJ^y «)llee:e. 
Mary, in the same manner as other surveyors are directed to 
account for their fees, upon surveys made by them within 
this commonwealth. That the holder or holders of land warrants, 
warrants for military bounties, given by law as aforesaid, when to be de- 
shall, on or before the fifteenth day of March next, deliver ^^^^^^^* 
the same to the principal surveyors, at such place or places 
as they shall, with the advice of the deputations, direct, en- 
dorsing on the back of each warrant the number of surveys 
the same shall be laid off in, specifying the quantity of each ^"°^^<^'* o^ 
survey: Provided, That a general officer shall not be allow- -"JJ^^^^ ™^"' 
ed more than six, a field officer five, and a captain and sub- 
altern four surveys, in their respective apportionments of 
land, and the staff in proportion. The non-commissioned 
officers' and soldiers' warrants shall be put into classes, as 
near as circumstances will admit, of one thousand acres each, 



cv 



120 VIRGINIA MILITARY BOUNTIES. 

numbered previous to the drawing, and the number of the 
lot drawn shall be endorsed on every such class; and the 
persons interested in each class, shall determine their choice 
by lot, in the same manner as shall be done by classes, and 
the same to be divided accordingly by the surveyors. 
Priority of lo- ^^^* ^* That the priority of location shall be determined 
eation'to be by lot, as soon as may be, after the said fifteenth day of 
<§etermined by March next, under the direction and management of the 
principal surveyors and the superintendents, or any three of 
them, according to such regulations as shall be fixed on by 
the present deputation, from the officers on the continental 
and state establishments respectively. That all warrants 
delivered to the principal surveyors before the sixteenth of 
March next, shall be first surveyed, and those delivered 
upon that, or any subsequent day, shall be surveyed in the 
same order of priority, as they may be respectively deliv- 
ered to the principal surveyors. And if the proprietor of 
any warrant shall, either by himself or agent, decline or re- 
fuse to locate and survey agreeable to the number of lot or 
lots drawn thereto, such proprietor shall be postponed to 
those who do not refuse to locate and survey according to 
rotation. 
L t" s & ^^^* ^' '^^^^ every officer and soldier, or their legal rep- 
may be made resentatives, may attend in person, or by another autho- 
under officers, rized for the purpose, to the locating and surveying their re- 
^<i' ovsnpeT- spective portions of land; and the portions of such officers 
and soldiers not being transferred, who may not be repre- 
sented, shall be located and surveyed under the direction of 
the superintendents, agreeable to their number or rotation; 
but the superintendents shall not be compelled to attend to 
the locating and surveying of lands claimed by purchase, 
unless such claimant attend in person, or by an agent duly 
authorized for that purpose. And that every person or per- 
pay $1 for ^^^^ holding officers or soldiers warrants by assignment, shall 
every 100 pay down to the principal surveyors at the time of delivering 
^"l^- ^°^ ? such warrant or warrants, one dollar for every hundred acres 
fund. ^ thereof, exclusive of the legal surveyors fees, towards raising a 

fund for the purpose of supporting all contingent expenses^ 
or at the option of such holder or holders, the same may be 
held up until the warrants of all the original grantees have 
been surveyed ; the said surveyors to account for all the mo- 
ney so received, to such person or persons as the said deputa- 
tions may direct. 

Sec. 4. That the surveyors under the direction of the 
on'the Cum- superintendents, and the claimants having a right to survey 
berland and from the priority of their numbers shall proceed in the first 
Tennessee riv- place to survey all the good lands, to be adjudged of by the 
surreyed, superintendents, in that tract of country lying on the Cum- 
berland and Tennessee rivers, as set apart by law for the said 
©fficers and soldiersj and then proceed in like manner to sjir 



VIRGINIA MILITARY BOUNTIES. i-i 

vey on the northwest side of the river Ohio, between the rivers Deficiency to 
Scioto and the Little Miami, until the deficiency of all mili-be made up 
tary bounties in lands shall be fully and amply made up; Pro- g^-^to^^^^jl 
Tided al-jcays^ That in such surveys, the same proportions be Miami, *" 
observed in length and breadtli as are directed by law in 
other surveys within this commonwealth, and shall be closed 
and marked on all sides. And whatever lands may happen 
to be left within the tract of country reserved for the army 
on this side the Ohio and Mississippi, shall be saved, subject 
to tlie order and particular disposition of the legislature of 
this state. And that the governor, with advice of council, 
be, and he is hereby empowered and required to furnish the 
superintendents with such military aid, at such time, and in 
such manner, as he may judge necessary for the purpose of 
carrying this act into execution: Provided^ That the aid to be 
ordered shall be from the Kentucky country, and not exceed 
one hundred men. 



[Act of Oct, 1783, 11 V. Hen, Si, Va, p, 353, Chan, Rev. ^19.] 

Sec. 1. Every person having a land warrant, and being l^^^j ^^^^j., 
desirous of locating the same on any particular waste and rants to be 
unappropriated lands, shall lodge such warrant with the ^^^o^? ^^^^ , 
chief surveyor of the county wherein the said lands or the ye^JJj^rT" ^"^" 
greater part of them lie, who shall give a receipt for it if 
required. The party shall direct the location thereof so Locations to 
specially and precisely as that others may be enabled ^^ith ^^^Jj^^"^^ ^j^^ 
certainty to locate other warrants on the adjacent residuum; tered. 
which location shall bear date the day on which it shall be 
made, and shall be entered by the surveyor in a book to 
be kept for that purpose, in which there shall be left no 
blank leaves or spaces between the difFeient entries. — 
And if several persons shall apply with their warrants at preference o^ 
the office of any surveyor at the same time, to make entries, entry, how 
they shall be preferred according to the priority of the dates ^^^^^"""®^' 
of their warrants, but if such warrants be dated on the same 
day, the surveyor shall settle the right of priority between 
such persons by lot. And every surveyor shall, at the time 
of making entries for persons not being inhabitants of his 
county, appoint a time for surveying their land, and give no- 
tice thereof in writing to the persons making the same; and 
if on such application at his office, the surveyor shall refuse Howasurvey- 
to enter such location, under pretence of a prior entry for the ^F ^^^ locate 
same lands made by some other persons, he shall have a rantsT" ^^^^~ 
right to demand of the said surveyor a view of the original 
of such prior entry in his book, and also an attested copy of 
it. Any chief surveyor having a warrant for lands, and de- 
sirous to locate the same within his own countv, shali enter 

Q 



12^ VmOINIA MILITARY BOUNTIES* 

When and sucli location with the clerk of the courty, who shall return 
how surveys the same to his next court, to be there recorded; and the 
made* ^ ^^^^ surveyor shall proceed to have the survey made as soon 
as may be, or within six months at farthest, by some one of 
his deputies, or if he hath no deputy, then by any surveyor 
or deputy surveyor of an adjacent county, ard in case of 
failure his entry shall be void, and the land liable to the en- 
try of any other person. Where the chief surveyor doth 
not mean to survey himself he shall immediately after the 
entry made, direct a deputy surveyor to perform the duty, 

r<u • • who shall proceed as is before directed in the case of the 
Chain earners , . ^ ^ i j ^ .1 i_ • 

to be sworn, chiel surveyor. 1 he persons eipployed to carry the chain 

on any survey shall be sworn by the surveyor, whether prin- 
cipal or deputy, to measure justly and exactly to the best of 
their abilities, and to deliver a true account thereof to such 
Surveys how surveyor,, and sLall be paid for their trouble by the party for 
to be marked whom the survey is made. The surveyor, at the time of mak- 
and bounded, jj^g tj^g survey, shfill not leave any open line, but shall see 
the same bounded plainly by marked trees, except where a 
water course or ancient marked line shall be the boundary^ 
and shall make the breadth of each survey at least one third of 
its length in every part, unless where such breadth shall be 
restrair ed on both sides by mountains unfit for cultivation, by 
water courses, or the bounds of lands before appropriated. 
He shall, as soon as it can conveniently be done, and within 
three months at farthest after making the survey, deliver to 
his employer or his order, a fair and true plat and certificate 
of such survey, the quantity contained, the hundred, (where 
huTidreds are established in the county wherein it lies) the 
courses and descriptions of the several boundaries, natural 
and artificial, ancient and new, expressing the proper name? 
of such natural boundaries where they have any, and the 
name of every person whose former lines made a boundary; 
and also the nature of the warrant and rights on which such 
Sr.vveyor may survey was made, and shall at the same time redeliver the 
detain plat for said warrant to the party. The said surveyor may neverthe- 
Indices. jggg (Jetain the said certificates, and warrants until the pay- 

ment of his fees. The said plats and certificates shall be 
examined and tried by the said principal surveyor whether 
truly made and legally proportioned as to length and breadth^ 
Plats lobe en- and shall be entered within three months at farthest, after 
book. ^^ '^ ^-^^ survey is made, in a book well bound, to be provided bj 
the court of his county, at the county charge; and he shall, 
in the month of July every year, return to the President and 
professors, of William and Mary College, and also to the 
IJ?tsoff='ir- *^"^^^"^^'^ office of his county court, a true list of all surveys 
veys to bere-n^^ide by him or his deputies in the preceding twelve months, 
^niied. with the names of the pcrsoiis for whom they were respect- 

ively made, and the quantities contained in each, there to 
bf^ recorded by sucli clerk; and no person shall hereafter 



Virginia military bounties 123 

hold the offices of clerk of a county court and surveyor of a How survey- 
County, nor shall a deputy in either office act as deputy or(>rsm;i3 be 
chief in the other. Any surveyor, whether principal or tie- j^^J"^^^^^^^^^^^^^ 
puty, failing in any of the duties aforesaid, shall be liable to ° ® 
be indicted in the general court and punished by amerce- 
ment or deprivation of his office, and incapacity to take it 
again, at tbe discretion of a jury; and shall moreover be 
liable to any party injured for all damages he may sustain by 
such failure. Every county court shall once in every year, 
and oftener if they see cause, appoint two or more capable 
persons to examine the books of entries and surveys in pos- 
session of their chief surveyor, and to report in what condi- 
tion and order the same are kept; and on his death or re- 
moval shall have power to take the same into their possession, 
and deliver them to the succeeding cliief surveyor. 

Sec. 2. And for preventing liasty and surreptitous grants, Plats not to 



and avoiding controversies and expensive law suits: Be it en 



be delivered 



actecl^ That no surveyor shall, at any time within twelve ^j^^/j/cv. 
months after the survey made, issue or deliver any certificate, 
copy, or plat of laud by him surveyed, except only to the 
person or persons for whom the same was surveyed, or to 
his, her or tlieir order, unless a caveat shall have been enter- 
ed against a grant to the person claiming under such survey, to 
be proved by an authentic certificate of such caveat from the 
€lerk of the genercd court produced to the surveyor; and if 
any surveyor shall presume to issue any certificate, copy, or 
plat as aforesaid, to any other than the person or persons en- 
titled thereto, everv surveyor so offending shall forfeit and 
pay to the party injured, his or her legal representatives or 
assigns, thirty pounds for every hundred acres of land con- 
tained in the survey whereof a certificate, copy, or plat shall 
be so issued, or shall be liable to the action of the party in- 
jured at the common law for his or her damages, at the elec- 
tion of the party. 

Sec. 3. And for declaring what fees a surveyor shall be Surveyor's 
entitled to: Be it anacled^ That every surveyor shall be en- ^ees in tobacr 
titled to receive the following fees, for the services herein ^^' 
after mentioned, to be paid by the person employing him, 
and no other fees whatsoever, that is to say: For every sur- 
vey by him plainly bounded as the law directs, and for a plat 
of such survey, after the delivery of such plat, where the sur- 
vey shall not exceed four hundred acres of land, two hun- 
dred and fifty pounds of tobacco; for every hundred acres 
contained in one survey above four hundred, twelve pounds 
of tobacco; for surveying a lot in a town, twenty pounds of 
tobacco; and where the surveyor shall be stopped or hindered 
from finishing a survey by him begun, to be paid by the par- 
ty who required the survey to be made, one hundred and 
twenty-five pounds of tobacco; for running a dividing line, 
one hundred pounds of tobacco; for surveying an acre of 



124- VIRGINIA MILITAP.Y BOUNTIES. 

land for a mill, fifty pounds of tobacco ; for every survey of 
land formerly patented, and which sball be required to be 
surveyed, aPad for a plat thereof delivered as aforesaid, the 
same fee as for land not before surveyed; and where a sur- 
vey shall be made of any lands which are to be added to 
other lands, in an inclusive patent, the surveyor shall not be 
paid a second fee for the land first surveyed, but shall only 
receive what the survey of the additional land shall amount 
to; and where any surveys have been actually made of seve- 
ral parcels of land adjoining and several plats delivered, if 
the party shall desire one inclusive plat thereof, the surveyor 
shall make out such plat for fifty pounds of tobacco; for 
running a dividing line between any county or parish, to be 
paid by such respective counties or parishes in proportion to 
the number of tythables, if ten miles or under, five hundred 
pounds of tobacco; and for every mile above ten, fifteen 
pounds of tobacco; for receiving a w^arrant of survey and 
giving a receipt therefor, eight pounds oi tobacco; for re- 
cording a certificate from the commissioners of anv district 
of a claim to land allowed by them, to be paid by the claim- 
ant, eight pounds of tabacco; for making an entry for land 
or for a copy thereof, eight pounds of tobacco; for a copy 
of a plat of land or of a certificate of survey, twelve pounds 
of tobacco. 
Fees may be Sec, 4. That all persons who are now chargeable with 
discharged in anv surveyors fees, for services under the act of Assembly, 
^^f^^^^'^^°°*^' entitled ^- An act for regulating the fees of the register of 
the land office, and for other purposes," or who shall hereaf- 
ter become chargeable with any tobacco for any of the ser. 
vices mentioned in this act, shall, at their election, discharge 
the same either in transfer tobacco notes or in specie at the 
rate of twelve shillings and sixpence for every hundred 
pounds of gross tobacco. 

Sec. 5. That the surveyor of every county shall hereafter 
Tables of fees (>q^qq ^q ]3g gg|- ^p [^ some public place in his office, and 
there constantly kept, a fair table of his fees herein before 
mentioned, on pain of forfeiting one hundred pounds; which 
penalty shall be to the person or persons who shall inform 
or sue for the same. And if any surveyor wiio now is or 
shall hereafter become entitled to fees under this or the said 
PenaUy for 11- recited act, shall ask or demand of any person whatsoever 
legal fees. more than twelve shillings and sixpence per hundred for 
such tobacco fees, or shall ask or demand larger iees than 
are allowed by this act, every person so offending shall for- 
feit and pay ten times the amount of the fees so charged, to 
the party or parties injured. 
Penalties how Sec. 7. That all the several penalties and forfeitures by 
recovered. this act laid, given, or inflicted, shall and may be recovered 
with costs, by action of debt or infoimation, in any court of 
record within this commonw^ealth wherein such penalty shall 



VIRGINIA MILITARY BOUNTIES. 



be cognizable; and that all' and everv other act and acts,Act3 repealed, 
clause aud clauses heretofore made, for or concerning any 
matter or t'aii:g within the purview of this act, shall be, and 
are hereby repealed.'^ 



CESSION FROM VIRGINIA. 
[In Congress, March 1, 1784, 1st v. L. U, S. p. 472.] 

Whereas the General Assembly of Virginia, at their ses- Act of Virgin^ 
sion, commencing on the 20th day of October, 1783, passed ia- recited. 
an act to authorise tlieir delegates in Congress, to convey to 
the United States in Congress assembled, all the right of 
that commonwealth to the territory northwestward of the 
river Ohio: and whereas the delegates of the said common- 
wealth have presented to Congress the form of a deed pro- 
posed to be executed pursuant to the said act, in the words 
following: 

To all who shall see these presents, we, Thomas JefTer- Delegates au- 
3on, Samuel Hardy, Artlsur Lee, and James Monroe, the thorized to 
underwritten delegates for the commonwealth of Virginia, u"st^ate° ^^^ 
in the Congress of the United States of America, send greet- lands N. W. 
ing: of the river 

Whereas the General Assembly of the commonwealth of 
Virginia, at their sessions begun on the 20th day of October, 
1783, passed an act, entitled "An act to authorise the dele- 
gates of this state in Congress, to convey to the United States 
in Congress assembled, all the right of this commonwealth to 
the territory northwestward of the river Ohio," in these 
words following, to wit: 

*• Whereas the Congress of the United States did, by their 
act of the sixth dav of September, in the year one thousand 
seven hundred arid eiglity, recommend to the several states 
in the union, having claims to . waste and unappropriated 
lands in the western country, a liberal cession to the United 
States, of a portion of their respective claims, for the com- 
mon benefit of the union : and whereas this commonwealth 
did, on the second day of January, in the year one thousand 
seven hundred and eighty-one, yield to the Congress of the 
United States, for the benefit of the said states, all right, 
title, and claim, which the said commorwealth had to the 
territory northwest of the river Ohio, subject to the condi- 
tions annexed to the said act of cession. And whereas the 
United States in Congress assembled have, by their act of 

* The residue of the 1st section of this act, directs the mode of appoint- 
ins: surveyors and deputies, and declares that the "deputies shall be en- 
titled to one half the fees." The 6th section declares that every snrveyer 
shall be resident of the county. The 8th section ^ivcs persons the right of 
discharging fees due public officers in tobacco or epecie, agreeably to the 
provisions in the fourth section. 



12G VIRGINIA MILITARY BOUNTIES. 

the thirteenth of September last, stipulated the terms on 
which they agree to accept the cession of this state, should 
the legislature approve thereof, which terms, although they 
do not come fully up to the propositions of this common- 
wealth, are conceived^ on the whole, to approach so licarly 
to them, as to induce this state to accept thereof, in full con- 
fidence, that Congress will, in justice to this state, for the 
liberal cession she hath made, earnestly press upon the other 
states claiming large tracts of v, aste and uncultivated terri- 
tory, the propriety of making cessions equally liberal, for 
the common benefit and support of the union: Be it enacted 
hy the General Assembly^ That it shall and may be lawful 
for the delegates of this state to the Corgress of the United 
States, or such of them as shall be assembled in Corgress, 
and the said delegates, or such of tl em so assembled, are 
hereby fully authorised and empowered, for and on behalf 
of this state, by proper deeds or instrument in writing, urider 
their hands and seals, to convey, transfer, assign, and make 
over, unto the United States in Congress assembled, for the 
benefit of the said states, ail right, title, and claim, as well 
of soil as jurisdiction, which this commonwealth hath to the 
territory or tract of country within the limits of the Vir- 
ginia charter, situate, lying, and being, to the northwest of 
the river Oliio, subject to the terms and conditions contained 
in the before recited act of Congress of the thirteenth day of 
September last; that is to say, upon condition that the ter- 
ritory so ceded shall be laid out and formed into states j 
containing a suitable extent of territory, not less than one 
hundred, nor more than one hundred and fifty miles square^, 
or as near thereto as circumstances will admit: and that the 
states so form.ed shall be distinct republican states, and ad- 
mitted members of the federal union; having the same 
rights of sovereignty, freedom, and independence, as the 
other states. 

That the necessary and reasonable expenses incurred by 
Vir^in^a to"be *^^^ state, in subduing any British posts, or in maintaining 
reimbursed, forts and garrisons within, and for the defence, or in acquir- 
ing any part of, the territory so ceded or relinquished, shall 
be fully reimbursed by the United States: and that one com- 
missioner shall be appointed by Congress, one by this com- 
monwealth, and another by those two commissioners, who, 
or a majority of them, shall be authorised and empowered 
to adjust and liquidate the account of the necessary and rea- 
sonable expenses incurred by this state, which they shall 
judge to be comprised within the intent and meaning of the 
act of Congress, of the tenth of October, one thousand seven 
hundred and eighty, respecting such expenses. That the 
Certain titles French and Canadian inhabitants, and other settlers of the 
confirmed. Kaskaskias, St. Vincents, and the neighboring villages, who 
have professed themselves citizens oi Virginia, shall have 



Ji 



VIRGINIA MILITARY BOUNTIES* 127 

their possessions and titles confirmed to them, and be pro- 
tected in the enjoyment of their rights and liberties. That 
a quantity not exceeding one hundred and fifty thousand 
acres of land, promised by this state, shall be allowed and Qj-ant to c^en. 
granted to the then colonel, now general George Rogers G. R. Clarke 
Clarke, and to the officers and soldiers of his regiment, who 
marched with him when the post of Kaskaskias and St. 
Vincents were reduced; and to the officers and soldiers that 
have been since incorporated into the said regiment, to ba 
laid off in one tract, the length of which not to exceed doa- 
ble the breadth, in such place, on the northwest side of tiie 
Ohio, as a majority of the officers shall choose, and to be 
afterwards divided among the said officers and soldiers in 
due proportion, according to 'he laws of Virginia. That in 
case the quantity of good land on the southeast side of the 
Ohio, upon the waters of Cumberland river, and between 
the Green river and Tennessee river, which have been re- 
served by law for the Virginia troops, upon continental es- 
tablishment, should, from the North Carolina line bearing in 
further upon the Cumberland lands than was expected, prove Reservation 
insufficient for their legal bounties, the deficiency should be g^^j^^Q ^nd L. 
made up to the said troops, in good lands, to be laid off be- Miami. 
tween the rivers Scioto and Little Miami, on the northwest 
side of the river Ohio, in such proportions as have been en- 
gaged to them by the laws of Virginia. That all the lands 
within the territory so ceded to the United States, and not 
reserved for, or appropriated to, any of the before mentioned 
purposes, or disposed of in bounties to the officers and sol- 
diers of the American army, shall be considered as a common L^nds ceddS 
fund for the use and benefit of such of the United States as to be a com- 
have become, or shall become members of the confederation »non fund, 
or federal alliance of the said states, Virginia inclusive, ac- 
cording to their usual respective proportions in the general 
charge and expenditure, and shall be faithfully and bona fide 
disposed of for that purpose, and for no other use or purpose 
whatsoever: Provided, That the trust hereby reposed in the 
delegates of this state, shall not be executed unless three of 
them at least are present in Congress. 

And whereas the said General Assembly, by their re solu- Conveyance, 
tion of June sixth, one thousand seven hundred and eighty 
tliree, had constituted and appointed us, the said Thomas 
Jefferson, Samuel Hardy, Arthur Lee and James Monroe, 
delegates to represent the said commonwealth in Congress 
for one year from the first Monday in November then next 
following, which resolution remains in full force: Now, there- 
fore, know ye, that we, the said Thomas Jeffi^rson, Samuel 
Hardy, Arthur Lee, and James Monroe, by virtue of the power 
and authority committed to us by the act of the said General 
Assem )ly of Virginia, before recited; and in the name, and 
for and on behalf of the said commonwealth, do, by these 



128 VIRGINIA MILITARY BOUNTIES. 

Conveyance, presents, convey, transfer, assign, rind make over, unto tlie 
United States in Congress assembled, for the benefit of the 
said states, Virginia inclusive, all right, title and claim, ag 
well of soil as of jurisdiction, which the said commorwealth 
hath to the territory or tract of country within the limits of 
the Virginia charter,* situate, lying and being, to the north- 

*• Extract from the first Charter of Virginia^ April 10, 1606, Ath James I. 
And da therefore, for us, our heirs, and successors, grant and agree, that 
the said Sir Thomas Gates, Sir Georg-e Somers, Richard Hackluit, and 
Edward Maria Wingfield, adventurers of and for our city of London, and 
all such others, as are, or shall be, joined unto them of that colony, shall be 
called the first colony ; and they shall and may begin their said first plan- 
tation and habitation, at any place upon the said coast of Virginia or A- 
merica, where they shall think fit and convenient, between the said four 
and thirty and one and forty degrees of the said latitude ; and that they 
shall have all the lands, woods, soil, grounds, havens, ports, rivers, mines, 
minerals, marshes, waters, fishings, commodities, and hereditaments, what- 
soever, from the said first seat of their plantation and habitation by the 
space of fifty miles of English statute measure, all along the said coast of 
Virginia and America, towards the west and southwest, as the coast lyeth, 
with all the islands within one hundred miles directly over against the 
same sea coast ; and also all the lands, soil, grounds, havens, ports, rivers, 
mines, minerals, Avoods, waters, marshes, fishings, commodities, and here- 
ditaments, whatsoever, from the said place of their first plantation and 
habitation for the space of fifty like English miles, all alongstthe said coast? 
of Virginia and America, towards the east and northeast, or towards the 
north, as the coast lyeth, together with all the islands within one hundred 
miles, directly over against the said sea coast. 

Extract from Vie second CJiarter of Virginia^ May 23, 1609, 1th James I. 
And we do also, of our special grace, certain knowledge, and mere mo- 
tion, give, grant, and confirm, unto the said treasurer and company, and 
their successors, under the reservations, limitations, and declarations, here- 
after expressed, all those lands, countries, and territories, situate, lying, 
and being, in that part of America called Virginia, from the Point of land, 
called Cape or Point Comfort, all along the sea coast, to the northward 
two hundred miles, and from the said Point of Cape Comfort, all along 
the sea coast, to the southward two hundred miles, and all that space 
and circuit of land, lying from the sea coast of the precinct aforesaid, up 
into the land, throughout from sea to sea, west, and northwest; and also 
all the islands, lying within one hundred miles, along the coast of both seas 
of the precinct aforesaid. 

Extract from the third Charter of Virginia^ March 12, 1611, ^th James I 
Wc therefore, tendering the good and happy success of the said planta- 
tion, both in re^^ard of the general weal of hujnan society, as in respect of 
the good of our own estate and kingdoms, and being willing to give fur- 
therance unto all good means, that may advance the benefit of the said 
company, and which may secure the safety of our loving subjects, planted 
in our said colony under the favor and ]irotection of God Almighty, and 
of our royal pov/er and authority, have therefore, of our especial grace, 
certain knowledge, and mere motion, given, granted, and confirmed, and 
for us, our heirs and successors, we do, by these presents, give, grant, and 
confirm, to the said treasurer and company of adventurers and planters of 
the city of London for the first colony in Virginia, and to their heirs and 
successors, forever, all and singular those islands whatsoever, situate and 
being in any part of the ocean seas bordering upon the coast of or/ said 
first colony in Virginia, and b;nng within three hundred leagues of any 
the parts heretofore granted to the said treasurer and company, in our said 
former letters i^atent, as aforesaid, and being within or between the one 
and fortieth and thirtieth decrees of northerly latitude. 

stith'b hist, va. appendix. 



VIRGINIA MILITARY BOUNTIES. J 29 

west of the river Oliio, to and for the uses and purposes and 
on the conditions of the said recited act. In testimony 
whereof,- we have hereunto subscribed our names and affisred 
our seals, in Congress, the first day of March, in the year of 
our Lord one thousand seven hundred and eighty-four, and 
ef the independence of the United States the eighth. 

Resolved^ That the United States in Congress assembled Resolution , 
are ready to receive this deed, whenever the delegates of 
the state of Virginia are ready to execute the same. 

The delegates of Virginia then proceeded and signed, 
sealed, and delivered the said deed; whereupon Congress 
•ame to the following resolution: 

The delegates of the coramonwealth of Virginia having 
executed the deed. 

Resolved^ That the same be recorded and enrolled among, 
the acts of the United States, in Congress assembled. 



[Resolutions^ in Congress^ July 17, 1788, 1 r. L, U. S, p. 572.] 

Whereas Congress, on the 13th September, 1783, fixed Preamble; 
the terms and conditions upon which they would accept a 
cession of claims to the western territory from the state of 
Virginia: and whereas the said state, on the 20th of October, 
in the same year, agreed to the same terms and conditions^ 
and by her act authorized her delegates in Congress to con- 
rev, transfer, and assign, to the United States, the right, title, 
and claim, of the said state to the lands within her charter, 
and northwest of the river Ohio, on the terms and condition! 
proposed by Congress; and the said delegates made a convey- 
ance accordinglv on the same conditions; among which con- 
ditions is the following, to wit: "That in case the good lands 
on the southeast side of the Ohio, upon the waters of Cum- 
berland river, and between the Green river and Tennessee 
river, which have been reserved by law to the Virginia 
troops upon continental establishment, should, from the North 
Carolina line bearing in further upon the Cumberland lands 
than was expected, prove insufficient for their legal bounties, 
the deficiency should be made up to the said troops in good 
lands, to be laid off between the river Scioto and Little Mi- 
ami, on the northwest side of the river Ohio, in such propor- 
tions as have been engaged to them by the laws of Virginia:" 
and whereas, it has not, in any manner, been alleged or 
stated to Congress, that there is any such deficiency of lands 
on the southeast side of the Ohio; 

Resolved, That the state of Virginia be informed, that Surveys, be- 
Congress consider all locations and surveys which shall be ^^re deficien- 
made, by or on account of the said troops, on the said lands ^ ^i^y^awT 
feetween. the Scioto and Little Miami, before the said defi- ' 

E 



130 VIRGINJA MILITARY BOUNTIES, 

ciencj, if any, on the southeast side of the Ohio, shall be 
ascertained and stated to Congress, invalid. 
Executive of Resolved^ That the executive of the state of Virginia be 
Va. rcnuested requested to inform Congress, whether there has been any 
to inform Con- ^g^^jgj-,^^ of good lands reserved by the laws of that state 
ciency. ' on the southeast side of the Ohio, for the Virginia troops on 
continental establisrtment ; and if there has been any defici- 
ency, what is the amount; and also, what checks have been 
provided by the said state, to prevent the said troops taking 
up more lands than are actually due to them, in order that 
measures rnay immediately be taken for laying off, for the 
benefit of such troops, a sufiicient quantity of good land be- 
tween the river Scioto and Little Miami, and that Congress 
may be prepared to dispose of the remaining land betweea 
those rivers for the general benefit of the union. 



{Ad of August 10, 1790, 2 r. L. U. S. p, 179.] 

Actof July 17, Sec. 1. That the act of Congress of the seventeenth of July>, 
1788, repeal- one thousand seven hundred and eighty-eight, relative to cer- 
^^' tain locations and surveys made by, or on account of, the Vir- 

ginia troops, on continental establishment, upon lands be- 
tween the Little Miami and Scioto rivers, northw^est of the 
Ohio, be, and the same is hereby, repealed. 

And whereas the agents for such of the troops of the state 

the^soutlieast- ^^ ^^^§^^^^^* "^^'^^^ served on the continental establishment in 

erlj ^iueofthethe army of the United States, during the late war, have 

river Ohio in- reported to the executive of the said state, that there is not a 

suiicien . sufficiency of good land on the southeasterly side of the river 

Ohio, according to the act of cession from the said state to 

the United States, and within the limits assigned by the laws 

of the said state, to satisfy the said troops for the bounty 

lands due to them, in conformity to the said laws: to the 

Other lands intent, therefore, that the difference between what has al- 

assigned. ready been located for the said troops, on the southeasterly 

side of the said river, and the aggregate of what is due to 

the whole of tjie said troops, may be located on the north- 

westerlv side of the said river, and between the Scioto and 

Little Miami rivers, as stipulated by the said state: 

Names of Sec. 2. That the secretary of the department of war shall 

those entitled make return, to the executive of the state of Virginia, of the 

returned ^bv^^^'^"^^^ of such of the officers, non-commissioned officers, and 

sec'ry ofwar. privates, of the line of the said state, who served in the army 

of t?)e United States, on the continental establishmet, during 

the late war, aisd who, in conformity to the laws of the said 

state, are entitled to bounty lands; and shall, also, in such 

return, state the aggregate amount in acres due to the said. 

line by the laws aforesaid. 



VIRGINIA MILITARY IBOUNTIES, 131 

i&EC. 3. That it shall and may be lawful for the said agents Locations to 
\o locate, to and for the use of the said troops, between the riv-^^ ^^'^^]^ ^-' 
ers Scioto and Little Miami, such a number of acres of good ^£^"jyj[j^-^ 
land, as shall, together with the number already located 
between the said two rivers, and the number already located 
on the southeasterly side of the river Ohio, be equal to the 
aggregate amount, so to be returned as aforesaid, by the 
secretary of the department of war. 

Sec. 4. That the said agents, as soon as may be after the Bonndsof 
locations, surveys, and allotnaenls, are made and completed, ^^^^^ location 
'«hall enter, in regular order, in a book to be by them pro- be enteTeT *^ 
vided for that purpose, the bounds of each location and sur-&:c. 
vev between the said two rivers, annexing the naiiie of the 
officer, non-comissioned officer, or private, originally entitled 
to each ; which entries being certified by the said agents, or 
the majority of them, to be true entries, the book containing 
the same shall be filed in the office of the secretary of state. 

Sec. 5. That it shall be lawful for the President of the President to. 
United States to cause letters patent to be made out, in such ^^^^^ pa-teuts. 
words and form as he shall devise and direct, granting to such 
person, so originally entitled to bounty lands, to his use, and to 
the use of his heirs or assigns, or his or their legal represen- 
tative or representatives, his, her, or their heirs or assigns, 
the lands designated in the said entries: Provided alzoays^ ■proviso o 
That, before the seal of the United States shall be affixed to 
such letters patent, the secretary of the department of war 
shall have endorsed thereon, that the grantee therein named 
was originally entitled to such bounty lands, and that he has 
examined the bounds thereof with the hook of entries filed 
in the office of the secretary of state, and fi'^ds the same truly 
inserted ; and every such letters patent shall be countersign- 
ed by the secretary of state, and a minute of the date thereof, 
and of the name of the grantee, shall be entered of record 
in his office, in a book to be specially provided for the 
purpose. 

Sec. 6. That it shall be the duty of the secretary of state. Patents to be 
as soon as may be after the ietters patent shall be so com- ^?"* ^^ execu- 
pleted and entered of record, to transmit the same to the ^^^^ ^ 
executive of the state of Virginia, to be by them delivered 
to each grantee; or, in case of his death, or that the right 
of the grantees shall have been legally transferred before 
such delivery, then to his legal representative or represen- 
tatives, or to one of them. 

Sec. 7. That no fees shall be charged for such letters pa- No fees to be 
tent and record, to the grantees, their heirs or assigns, or to char-ed for 
hig or their legal representative or representatives. pateats. 



133 VIRGINIA MILITARY BOUNTIES, 

[Ad of June 9, 1794, 2 v. L. U. S. p. 440.] 

Officer?, &c. Sec. 1. That all and every officer and soldier of the Vir- 
entitled to pa- giiiia line on continental establishment, his or their heirs or 
tents on pro- assigns, entitled to bounty lands on the northwest side of the 
rants and su'r- '"^^'^^ Ohio, between the Scioto and Little Miami rivers, by 
^^yg, the laws of the state of Virginia, and included in the terms 

of cession of the said state to the United States, shall, on 
producing the warrant, or a certified copy thereof, and a 
certificate under the seal of the office where the said war- 
rants are legally kept, that the same, or a part thereof, 
remains unsatisfied, ard on producing the survey, agreeably 
to the laws of Virginia, for the tract or tracts to which he or 
they may be entitled, as aforesaid, to the secretary of the de- 
partment of war, such officer and soldier, his or their heirs, 
or assigns, shall be entitled to, and receive a patent for, the 
same from the President of the United States, any thing in 
p, . any former law to the contrary notwithstanding: Provided^ 

That no letters patent shall be issued for a greater quantity 
of land than shall appear to remain due on such warrant, and 
that before the seal of the United States shall be affixed to 
such letters patent, the secretary of the department of war 
shall have endorsed thereon, that the grantee therein named. 
Secretary of ,^)j.^]^g person under whom he claims, was originally entitled 
dorse patents. ^<^ such .bounty lands, and every such letters patent shall be 
countersigned by the secretary of state, and a minute of the 
date thereof, and the npime of the grantee, shall be entered 
of record in his office, in a book to be specially provided for 
that purpose. 



[Ad of Mai/ 13, 1800, 3 v. L. U. S>p. 393.] 



f'atents may Sec. 1. That it shall be lawful, and the proper officer is 
issue on war- hereby authorized, to issue patents on surveys which have 
pursuance of^ ^^^^f ^^ ^^J ^^9 made within the territory reserved by the 
resolutions, state of Virginia, northwest of the river Ohio, and being part 
of her cession to Congress, on warrants for military services, 
issued in pursuance of any resolution of the legislature of 
that state, previous to the passing of this act, in favor of 
persons who had served in the Virginia line on the continen- 
Pj-OTiso. ^al establishment: Provided^ That the whole quantity of land 

for which patents shall issue, by virtue of this act, shall not 
exceed sixty thousand acres ; and that the surveys aforesaid 
shall be completed and deposited in the office of the secre- 
tary of war, on or before the first day of December, one 
JJTroviso. thousand eight hundred and three: And provided also ^ That 

this act shall not give any force or validity to the entries, 
locations, or surveys, heretofore made, in pursuance of these 



VIRGINIA MILITARY BOUNTIBa** 1 33 

warrants, so far as such entries, locations, or surveys^ inter- 
fere in any manner witli those of persons claiming the same 
lands u:ider entries, locations, or surveys, heretofore made, 
in pursuance of warrants granted by the state of Virginia to 
the officers and soldiers in the lipe of that state on continental 
establishment. 

Sec. X?. That in every case of interfering claims, under ^^ ^^'^ ?^^o^^ 
military warrants, to lands within the territory so reserved ^y'^^J!^^^^^";^^ 
by the state of Virginia, when either party to such claims be withdrawn 
ihall lose, or be evicted from, the land, every such party shall and re-enter- 
have a right, and hereby is authorized, to withdraw his, her, ^ 
or their warrant, respectively, to the amount of such loss or 
eviction, and to enter, survey, and patent the same, on any 
Tacant land within the bounds aforesaid, and in the same 
manner as other warrants may be entered, surveyed, and 
patented. 



[Act of March 3, 1803, 3r. L. U. S. p. 556.'] 

Sec. 8. That where any warrants, granted by the state of Patents may 
Virginia for military services, have been surveyed on the be obtained on 
northwest side of the river Ohio, between the Scioto and the l^'ndruTvTvT 
Little Miami rivers, and the said warrants, or the plats and 
certificates of survey made thereon, have been lost or de- 
stroyed, the persons entitled to the said land may obtain a 
patent therejfor, by producing a certified duphcate of the 
warrant from the land office of Virginia, or of the plat and 
certificate of survey from the office of the surveyor in which 
the same was recorded, and giving satisfactory proof to the 
secretary of war, by his affidavit, or otherwise, of the loss or ' 

destruction of said warrant, or plat and certificate of iurvey. 



[Act of March 23, 1804, 3 v. L. U. S.p. 592.] 



Sec. 1, That the line run under the direction of the sur- Line run unr 
vevor general of the United States, from the source of the der the dlrec- 
Little Miami towards the source of the Scioto, and which *^°^^«^^^^"J^^^^^ 
binds, on the east, the surveys of the lands of the United tablished as " 
States, shall, together with its course continued to the Scioto the westerljr 
jiver, be considered and held as the westerly boundary line,j!°""^^^y °^' 
north of the source of the Little Miami, of the territory re-'pj.^ct. 
served by the state of Virginia, between the Little Miami 
and Scioto rivers, for the use of the officers and soldiers of 
the continental line of that state: Provided^ That the state of . 
Virginia shall, within two years after the passing of this act, ^^^^^'^ 
recognise such line as the boundary of the said territory. 



134 VIRGINIA MILITARY BOUNTIES. 

Officers, &«. Sec. 2. That all the officers and soldiers, or their legal 
shall complete representatives, who are entitled to bounty lands within the 
inThree '^and ^ ^^^^^ mentioned reserved territory, shall complete their 
return their locations within three years after the passing of this act; and 
surveys in five every such officer and soldier, or his legcil representative^ 
years. whose bounty land has or shall have been located within that 

part of the said territory to which the Indian title has been 
extinguished, shall make return of his or their surveys to the 
secretary of the department of war, within five years after 
the passing of this act, and shall also exhibit and file with 
the said secretary, and within the same time, the original- 
warrant or warrants under which he claims, or a certified 
copy thereof, under the seal of the office where the said war- 
rants are legally kept: which warrant, or certified copy 
thereof, shall be sufficient evidence that the grantee therein 
named, or the person under whom such grantee claims, was 
originally entitled to such bounty land; and every person 
entitled to said lands, and thus applying, shall thereupon be 
entitled to receive a patent in the manner prescribed by law. 
Sec. 3. That such part of the above mentioned reserved 
Parts of the V. territory as shall not have been located, and those tracts of 
located^ re- ^^^^9 within that part of the said territory to which the Indian 
leased from title has been extinguished, the surveys whereof shall not 
claims. have been returned to the secretary of war, within the time 

and times prescribed by this act, shall thenceforth be releas- 
ed from any claim or claims for such bounty lands, and shall 
be disposed of in conformity with the provisions of the act, 
entitled "An" act in addition to, and modification of, th<e pro- 
positions contained in the act, entitled "An act to enable the 
people of the eastern division of the territory northwest of 
the river Ohio to form a constitution and state government^ 
and for the admission of such state into the union, on an equal 
footing with the original states, and for other purposes." 



[Act of March 2, 1807, 4 i^. L. U. S. p. 92.] 

Officers, &c. Sec. 1 . That the officers and soldiers of the Virginia line 
allowed a fur- on continental establishment, their heirs or assigns, entitled to 
ther time of jjounty lands within the tract reserved by Virginia, between 
frooTMarch *^^ tittle Miami and Scioto rivers, for satisfying the legal 
2od, to com- bounties to her officers and soldiers upon continental estab- 
plete loca- Hshment, shall be allowed a further time of three years, from 
yrSto^etum ^^^ twenty-third of March next, to complete their locations, 
surveys. and a farther time of five years, from the said twenty-third 

of March next, to return their surveys and warrants, or cer- 
tified copies of warrants, to the office of the secretary of the 
war department, any thing in the act, entitled "An act to 
ascertain the boundary of the lands reserved by the state of 



l^IRGINIA MILITARY BOUNTIES* 135 

Virginia, northwest of the river Ohio, for the satisfaction of 
her officers and soldiers on continental establishment, and to 
limit the period for locating the said lands," to the contrary 
notwithstanding: Provided^ That no locations, as aforesaid, Proviio, 
within the above mentioned tract, shall, after the passing of 
this act, be made on tracts of land for which patents had 
previously been issued, or which had been previously sur- 
veyed; and any patent which may, nevertheless, be ob- 
tained for land located contrary to the provisions of this sec- 
tion, shall be considered as null and void. 

Sec. 2. That the secretary of the treasury be, and he is Secretary to 
hereby, authorised to obtain copies of all the locations and ofc»tain copies 
survevs which have been, or may be, made within the above connected * 
mentioned tracts and to cause to be run or surveyed as many plat, 
straight lines across the same, as he may deem necessary, 
not exceeding three, and from these and such other do- 
cuments as may be obtained, to cause to be made a gen- 
eral connected plat of all tlie lands located and surveyed 
within the same; a copy of which shall be deposited in the 
war department, and another copy shall be laid before Con- 
gress, together with an estimate of the aurplus which may 
remain, after satisfying the bounties above mentioned. And 
the expenses incurred in surveying the lines, and obtaining 
the copies aforesaid, and in preparing the general plat above 
mentioned, shall be defrayed out of the monies appropriated 
for completing the surveys of the public lands northwest of 
river Ohio.* 



[Act of March 3, 1807, 4 r. L. U. S. p. 107.] 



Sec. 1. That anj officer or soldier of the Virginia line, -^'arrants is- 
on continental establishment, or his legal representatives, to sued by virtue, 
whom a land warrant has issued by virtue of any resolution ^^ '"^^o^utions 
of the legislature of Virginia, as a Ijounty for services which, m^de^shal? 
by the laws of Virginia, passed prior to the cession of the entitle owne^ 
Northwestern Territory to the United States, entitled such t^ patent, 
officer or soldier to bounty lands, shall, if the said warrant 
has been, or shall be, located within three years from the 
twenty-third day of March next, and a survey thereof has 
been, or shall be, within five years from the said twenty- 
third of March next, returned to the office of the secretary 
of war, obtain a patent for the same, in the same manner, 
and on the same conditions, as patents are obtained for lands 
located and surveyed on other warrants of the officers and 
soldiers of the Virginia line on continental establishment: 
Provided^ That no patent shall bfe obtained on such resolu- 

*For section 3, of this act, see— "Land for the support of the Gospel anfl 
Schools." 



13fe VrHGINlA MILITARY BOUNTIES. 

tion warrant, unless there is produced to the secretary oF 
war satisfactory evidence that such warrant was granted for 
services which,- hy the laws of Virginia, passed prior to the 
cession of the Northwestern Territory, would have entitled' 
such officer or soldier, his heirs, or assigns, to bounty lands, 
and also a certificate of the register of the land office of Vir- 
ginia, that no other warrant has issued from the said land 
office for the same services. 

Sec. 2. That no patent shall be issued, by virtue of the 
Patentsnot to preceding section, for a greater quantity of land than the 
issue for great- i-ank or term of service of the officer or soldier to whom, or 
than the^dffi- ^° whose legal representatives, such resolution warrant has 
©er or soldier been granted, would have entitled him to under the afbre- 
would be enti- said laws of Virginia; and, whenever it appears to the se- 
laws o'f Vir- ^^^^^^^T ^f war, that the survey or surveys, made by virtue of 
jinia. any resolution warrant, is for a greater quantity of land than 

the officer or soldier is entitled to for his services, the secre- 
tary of war shall certify, on the said survey or surveys, the 
amount of such surplus quantity, and the officer or soldier, 
Surnlusto be his heirs, or assigns, shall have leave to withdraw his sur- 
•ertined, and vey from the office of the secretary of war, and resurvey his 
^"5^y^^ "^^-^^^ location, excluding such surplus quantity, in one body, from 
any part of his resurvey, and a patent shall issue upon such 
resurvey as in other cases. 



[Act of March 16, 1810, 4 z). L. U. 5.;?. 281.] 

1 nrVi!:if ill/:* rkmr-ATC cin/l crkl^i^rc r\f i-^tn VirTrin 



Pmih ti e ^^^' ^' '^^^^ ^^^ officers and soldiers of the Virginia line 
^vcn to make of^ continental establishment,- their heirs or assigns, entitled 
locations and to bounty lands within the tract reserved by Virginia, be- 
7Pturn sur- tween the Little Miami and Scioto rivers, for satisfying the 
' '''* legal bounties to her officers and soldiers upon continental 

establishment, shall be allowed a further term of five years, 
from and after the passage of this act, to obtain warrants and 
complete their locations, and a further term of seven years, 
from and after the passage of this act, as aforesaid, to return 
their surveys and warrants, or certified copies of warrants, 
to the office of the secretary of the war department, any 
thing in any former act to the contrary notwithstanding: Pro- 
Pvotiso "iiided^ That no locations as aforesaid, within the above men- 

tioned tract, shall, after the passing of this act, be made on 
tracts of land for which patents had previously been issued, 
or which had been previously surveyed ; and any patent which 
may, nevertheless, be obtained for land located contrary to 
the provisions of this section^ shall be considered as null and 
vai<l. 



VIRGINIA MILITARY BOUNTIES. 137 

[Ad of June 26, 1012, 4 r. L. U, S.p. 455.] 

Sec. 1. That the President of the United States shall be, Comniission- 
and he is hereby, authorized, bv and with the advice and con- ^''^.^^ be ap- 
«ent of the senate, to appoint three commissioners on the ^.^^^^ ^c. the 
part of the Uriited States, to act with such commissioners as westerly 
may be appointed by the state of Virginia: and the com- ^'^""^^7^^'^^ 
missioners thus appointed shall have full power and authority ^racL ' 
to ascertain, survey, and mark, according to the- true intent 
and meaning of the condition touching tiie military reserva- 
tion, in the deed of cession from the state of Virginia to the 
United States, of the land northwest of the river Ohio, the 
westwardly boundary line of said reservation, between the 
little Miami and Scioto rivers. 

Sec. 2. That the commissioners appointed bv the United Commission- 
States shall meet at Xenia in the state of Ohio, on the fifth xenfa'"'^^^' ^^' 
day of October next, for the purpose of ascertaining the said 
line, unless otherwise directed by the President of the United 
States: and in case they shall not be met by commisioncrs ap- 
pointed on the part of the state of Virginia, within six days 
after the said fifth day of October next, the commissioners 
appointed on the part of the United States sliall proceed to 
ascertain, survey, and distinctly rnark, the said boundary line, 
according to the true intent and meaning of the said act of 
cession; in measuring the said line, w^hether accompanied by 
the commissioners on the part of Virginia or not, or in case 
of disagreement, they shall note tlie intersections, if any, of 
said line, with any surveys heretofore authorized by the Unit- 
ed States, all water courses, the quality of the land over 
which the line passes, and any other matter which, in their 
opinion, requires notice. The said commissioners shall make 
a plat of said line, its intersections, with notes and references, j^^ ^ .. 
which shall be signed and returned by the said commission- with surveys 
€rs to the commissioner of the general land office, accompa- to be noted, 
nied by a written report, on or before the fifth day of January 
next, unless the time of meeting shall have been prolonged 
by the President of the United States, who shall lay copies 
of the same before both houses of Congress at their next 
session. 

Sec. 3. That the commissioners aforesaid shall have pow- Commissioa- 
cr to engage a skilful surveyor, Avho shall employ chain car- ^l'^ ^^^ ^™* ^ 
riers and a marker, and shall be allowed four dollars for or. 
every mile actually surveyed and marked under direction of 
the said commissioners, in performance of the duties assigned 
them: anu the commissioners appointed on the part of the 
United States shall, each, receive five dollars for each day 
he shall be necessarily employed in performance of the duties 
required of them by this act; which compensation to the sur- 
Teyor and commissioners shall be paid out of any monies in 
the treasury, not otherwise appropriated by law. 

S 



138 



VIRGINIA MILITARY BOUNTIES. 



What shall be 
held the boun- 
dary line until 
the commis- 
sioners estab- 
lish one. 



This act to be 
certified to 



ircima. 



Sec. 4. That until the westwardly boundary line of the 
said reservation shall be finally established, by the agreement 
and consent of the United States and the state of Virginia, 
the boundary line designated by an act of Congress passed 
on the twenty-third day of March, one tliousand eight hun- 
dred and four, shall be considered and held as the proper 
boundary line of the aforesaid reservation. 

Sec. 5. That it shall be the duty of the secretary of state 
to transmit an authenticated copy of this act to the governor 
of Virginia within twenty days after its passage.* 



Further time 
given to offi- 
cers to make 
locations and 
return sur- 
veys. 



•Proviso. 



[Act of Mvember 3, 1814, 4 r. L. U. S. p. 714.] 

Sec. I. That ;the officers and soldiers of the Virginia line^ 
on continental establishment, their heirs or assigns, entitled to 
bounty lands within the tract reserved by Virginia, between 
the Little Miami and Scioto r^ers, for satisfying the legal 
bounties to her officers and soldiers upon continental estab- 
lishment, shall be allowed a further term of three years, from 
and after the passage of this act, to obtain warrants and com- 
plete their locations, and a further term of five years, frcjn 
and after the passage of this act as aforesaid, to return their 
surveys and warrants, or certified copies of warrar-ts, to the 
general land office, any thing in any former act to the contrary 
notwithstanding: Provided, That no locations, as aforesaid, 
within the above mentioned tract, shall, alter the passing of 
this act, be made on tracts of land for which patents had pre- 
viously been issued, or which bad been previously surveyed; 
and any patent which may. nevertheless, be obtained for 
land located contrary to the provisions of this act, shall be 
considered as null and void. 



* The state of Virginia appointed commissioners, Avho met those of tlie 
United States, and a line Avas run drawn from the source of the Little Mi- 
ami to the source of the Scioto. This is called Roberts' line. The com- 
missioners appointed by Virginia refused to accede to this line, claiming a 
still larger tract of land, by running from the source of the Scioto a straight 
line to the mouth of the' L. Miami. The line referred to in the act of 
March 23, 1804, ante p. loo, is designated upon our maps by Ludlow's line. 
This line was run under the authority of the Surveyor General, by virtue of 
the act of May 10, 1800. The lands west were surveyed into sections 
and parts of sections. The territory between these lines, embracing a large 
tract of fertile land, was claimed both by purchase and location, and it 
became a matter of great importance to the parties, to have established, by 
a judicial decision, the western boundary line of the reservation of Virginia. 
For this purpose a case was agreed and taken to the Supreme Court of the 
U. States, by error. The cause was drcidrrl in 1824, and Roberts' line vir- 
tually established. See — Doddridge, vs. Thomp son & al. 9 Wheaton's 
Rep. 469. 

The court, however, in delivering their opinion, did not advert to the act 
of Anril 11, 1818, (I se=s. IS Con. p'. 37) whicb recotrnises Roberts' line_ as 
the western boundary of the Virginia Tract "from the Indian boundary line 
to the source of the Scioto river." 



VIRGINIA MILITARY BOUNTIES. 139 

[Act of February 22, 1815, 4 v. -L. U. S. p, 805.] 

Sec. 1. That the officers and soldiers of the Virginia line Time extend ; 
on continental estahlishment, or their legal representatives, ^^^^.^^g^^^^^^^^g 
to whom land warrants have issued by virtue of any resolu- urTder resolu- 
tion of the legislature of Virginia, as a bounty for services, tions of Vir- 
whic]i, by the laws of Virginia passed, prior to the cession ofS^"^^' 
the Northwestern Territory to the United States, entitled such 
officers or soldiers to bounty lands, and whose location of such 
warrants shall have been made prior to the twenty-third day 
of March, one thousand eight hundred and eleven, shall be 
allowed the further time of two years from the passing of this 
act to complete their surveys and obtain their patents for the 
land located as aforesaid: Provided^ That surveys shall be 
made, nsid patents granted, on the aforesaid locations, under 
the same regulations, restrictions, and provisions, in every 
respect, as were prescribed for the making of surveys and 
granting of patents by the act, entitled "An act authorizing 
patents to issue for lands located and surveyed by virtue of 
certain Virg'niia resolution warrants," passed on the third- 
day of March, one thousand eight hundred and seven. 



[Ad of April 11, 1818, 1 sess. 15 Cong. p. 37.] 

Sec. 1. That the officers and soldiers of the Virginia line Further time 
©n contmental establishment, their heirs, and assigns, entitled allowed to ob- 
to bounty lands, within the Virginia Military Tract, between ^nd return 
the Little Miami and the Scioto rivers, shall be allowed a further surveys, 
term of two years, from the ratification of any treaty extin- 
guishing the Indian title to lands within the said boundaries 
not heretofore extinguished, to obtain warrants and complete 
their locations; and a further term of three years, from the 
ratification of any treaty extinguishing the Indian title to 
lands within the said boundaries not heretofore extinguished, 
as aforesaid, to return their surveys and warrants, or certified 
copies of warrants, to the general land office ; any thing in any 
former act to the contrary notwithstanding. 

Sec. 2. Tiiat the provisions of the act, entitled "An act ^^^[^^f^^^^'"^- 
authorizing patents to issue for lapds located and surveyed Warrants re- 
by virtue of certain Virginia resolution warrants," passed on vived. 
the third day of March, one thousand eight hundred and 
seven, shall be revived and in force, with all its restrictions, 
except that the respective times allowed for making locations 
and returning surveys thereon, shall be limited to the terms 
prescribed by the first section of this act for the location and 
return of surveys on other warrants, and that the surveys 
shall be returned to the general land office: Provided, That Provisa, 
no locations, as aforesaid, in virtue of thiij or the preceding, 



140 VIRGINIA MILITARY BOUNTIES* 

section of this act, shall be made on tracts of lands for whicli 
patents had previously been issued, or which had been pre- 
/ viousi}' surveyed; and any patent which may, nevertheless, 

be obtained for land located contrary to the provisions of this 
ffoviso. act, shall be considered null and void: Provided also ^ That 

no locations or surveys shall be made w^ithin that part of the 
said Military Tract to which the Indian title remained hereto- 
fore unextinguished, until after six months shall have elapsed 
from the date of a proclamatix)n of the President of the Unit- 
ed States, declaring a treaty or treaties to have been con- 
cluded and ratified, providing for the extinguishment of the 
Indian title to such lands; nor shall any patent be granted for 
any location, survey, or entry, that has been, or shall be^ 
made prior to the expiration of six months from and after the 
ratification of such treaty, 
Ludlow's line Sec. .3. That from the source of the Little Miami river to 
considered the the Indian boundary line established by the treaty of Gren- 
Manb^°*^°^^^^^'' ^^^ one thousand seven hundred and ninety-five, the line 
daiy. designated as the westerly boundary line of the "Virginia 

Tract, by an act of Congress, passed on the twenty-third daj 
of March, one thousand eight hundred and four, entitled "Ar 
act to ascertain the boundary of the lands reserved by the 
state of Virginia northwest of the river Ohio, for the satis- 
faction of her officers and soldiers on continental establish- 
ment, and to limit the period for locating the said lands," shall 
be considered and held to be such until otherwise directed 
Roberts^s es- ^J l^w; and from the aforesaid Indian boundary line to the 
tab]i*ed from source of the Scioto rivcr, the line run by Charles Roberts, 
Imhanboun- in one thousand eight hundred and twelve, in pursuance of 
source' of the instructions from the commissioners appointed on the part of 
Scioto, the United States, to establish the western boundary of the 

said Military Tract, shall be considered & held to be the wes- 
terly boundary line thereof; and that no patent shall be grant- 
ed on any location and survey that has or may be made west 
of the aforesaid respective lines. 



[Ad of February 9, 1821, 2 sess, 16 Cong. p. 10.] 

Further time Sec. 1. That the officers and soldiers of the Vii:gima line 
allowed to ob- on continental establishment, their heirs or assigns, entitled 
and ret ^"^"^^^^ bounty lands within the tract of country reserved by the 
surveys. state of Virginia, between tlie Little Miami and Scioto 

rivers, shall he allowed a further time of two years, from the 
fourth day of January, one tliousand eight hundred and twen- 
ty-one, to obtain warrants and complete their locations, and 
the further lime offoiir years, from the fourth day of January, 
oi!':: thousand eight hundred and twenty-two, to return their 
surveys and warrants, or certified copies of warrants, to the 
general land oilice, to obtain patents* 



VIRGINIA MILITARY BOUNTIES. 141 

Sec. 2. That the provisions of the act, entitled "An act Act of March 
authorizing patents to issue for lands located and surveyed -^^ ^^^^^ re^ 
ty virtue of certain Virginia resolution warrants," passed ^^ 
the third day of March, one thousand eight hundred and 
seven, shall be revived and in force, with all its restrictions, 
except that the respective times allowed for making locations, 
and returning surveys thereon, shall be limited to the terms 
prescribed by the first section of this act, for the location and 
return of surveys on other warrants, and that the surveys 
shall be returned to the general land office: Provided,, ThatProvisw. 
no locations as aforesaid, in virtue of this or the preceding 
section of this act, shall be made on tracts of lands for which 
patents had previously been issued, or which had been pre- 
viously surveyed ; and any patent which may, nevertheless, be 
obtained for land located contrary to the provisions, of this act, 
shall be considered null and void. 



lActofMarch\.\^23,2sess. 17 Cong.p.lS,] 



Sec. 1. That the officers and soldiers of the Virginia line, '^^™®^v6nto 
on the continental establishment, their heirs or assigns, enti- catwnrand' 
tied to bounty lands within the country reserved by the state return sur- 
of Virginia, between the Little Miami and Scioto rivers, shall veys. 
be allowed a further time of two years from the fourth day 
of January, one thousand eight hundred and twenty-three, to 
obtain warrants, and to complete their locations; and the fur- 
ther time of fou r years, from the fourth day of January, one 
thousand eight hundred and twenty-three, to return their 
surveys and warrants, or certified copies of warrants, to the 
general land office, to obtain patents. 

Sec. 2. That the provisions of the act, entitled "An act Act of March 
authorizing patents to issue for lands located and surveyed by ^^' ^S07,r^ 
virtue of certain Virginia resolution warrants," passed the 
third day of March, one thousand -eight hundred and seven, 
shall be revived, and in force, with all its restrictions, except 
that the respective times allowed for making locations, and 
returning surveys thereon, shall be limited to the terms pre- 
scribed by the first section of this act, for the location and 
return of surveys on other warrants; and that the surveys 
shall be returned to the general land office: Provided^ That Proviso, 
no locations, as aforesaid, in virtue of this or the preceding 
:-.ectlon of this act, shall be made on tracts of lands for which 
patents had previously been issued, or which had been pre- 
viously surveyed ; and any patent, which may nevertheless 
be obtained for land located contrary to the provisions of this 
act, shall be considered null and void. 

Sec. 3. That no holder of any warrant which has been, Land war- 
or may be, located, shall be permitted to vrithdraw or removeT^"*'^<^ttob»> 



142 VIRGINIA MILITARY BOUNTIES. 

withdrawn or the same, and locate it on any other land, except in cases of 
removed. eviction, in consequence of a legal judgment first obtained, or 
unless it be found to interfere with a prior location and sur- 
vey; nor shall any lands heretofore sold by the United States, 
^^'^^^^^^^j^^^ within the boundaries of said reseryation, be subject toloca- 
cation. ° tion by the holder of any such unlocated warrant. 



[Act of May 26, 1824, 1 sess. 18 Cong, p, 121.] 

Number oi Sec. 1. That the President of the United States shall be, 

acres to be as- ^nd he is hereby, authorized to ascertain the number of acres, 
tween Lud- " ^^^f ^7 appraisement, or otherwise, the value thereof, exclu- 
low's and Ro- sive of improvements,, of all such lands lying between Lud- 
bert's line. low's and Robert's lines, in the state of Ohio, as may, agreea- 
bly to the principles of a decision of the Supreme Court of the 
United States, in the case of Dodridge's lessee, against 
Thompson and Wright, be held by persons under Virginia 
military warrants, and on what terms the holders will relin- 
quish the same to the United States, and that he report the 
facts at the commencement of the next session of Congress. 



iFrenrJi &vm%t 



[Act of March 3, 1795, 2 v. L. U, S. p. 503.] 

Sec. 1. That the President of the United States shall be, 24,000 acreaoi 
and he is hereby, authorized and empowered to cause to be^J^"^!"^^^'^^' 
surveyed, in the territory northwest of the Ohio, a tract of ' 
land situate on the northerly bank of the river Ohio, begin- 
ning one mile and a half on a straight line above the mouth 
of Little Sandy; thence down the said river Ohio, along the 
courses thereof, eight miles when reduced to a straight line ; 
thence, at right angles, from each extremity of the said line, 
so as to include the quantity of twenty-four thousand acres of 
land, to be disposed of as herein after directed. 

Sec. 2. That the President be authorized to cause to be French inhab- 
ascertained the number of French inhabitants and actual set- jtant^ of Gal- 
tlers of the town or settlement of Galliopolis, being males ascertained, 
above eighteen years of age, or widows who are or shall be 
within the said town or settlement of Galliopolis on the first 
day of November next. 

Sec. 3. That the President of the United States shall be. Patent to issue 
and he is hereby, authorized and empowered to issue letters to J. G. Ger- 
patent, in the name, and under the seal, of the United States, H'^J^'^ ^'^^ 
thereby granting to John Gabriel Gervais, and his heirs, four 
thousand acres of land, part of the said twenty-four thousand 
acres, to be located on the northwest bank of the river Ohio, 
opposite to the mouth of the Little Sandy, with condition in 
the said letters patent, that if the said John Gabriel Gervais, 
or his heirs, shall not, personally, within three years from the 
date of the same patent, settle on the same tract of land, and 
there continue settled for three years next thereafter, the 
same letters patent shall be void and determine ; and the title 
thereof revest in the United States, as if this law had not 
passed. 

Sec. 4. That the President of the United States shall be, 20,000 acres 
and he is hereby, authorized and empowered to cause to be^^J'®,^^^'^"^ 
surveyed, laid off, and divided, the remaining twenty thousand 
acres of land, residue of the twenty-four thousand acres, into 
as many lots or parts as the actual settlers of GaUiopolis shall, 
on the ascertainment aforesaid, amount to, and the same to 
be designated, marked, and numbered, on a plat thereof, to 
be returned to the secretary of the said territory, together 
with a certificate of the courses of the said lots, the said lots, 



144 



FRENCH GRANT. 



Conditions. 



Patents to is- ^^ P^^'^s of the aforesaid tract, to be assigned to the settlers 
sue to actual aforesaid by lot. And the President of the United States is 
settlers. hereby authorized and empowered to issue letters patent, as 

aforesaid, to the said actual settlers, and their heirs, for the 
twenty tiiDusand acres, to be held by them in severalty, in 
lots, to be designated ard described by their numbers on the 
plat aforesaid, with condition, in the same letters patent, that 
if one or more of the said grantees, his or her heirs or assigns. 
shall not, within live years from the date of the same letters 
make, or cause and procure to be made, an actual settlement 
on the lot or lots assigned to him, her, or them, and the same 
continue for five years thereafter, that then the said letters 
patent, so far as concerns the said lot or lots not settled and 
continued to be settled as aforesaid, shall cease and determine., 
and the title thereof shedl revest in the United States, in the 
same manner as if this law had not passed. 

Sec. 5, That nothing in this act shall be taken or consid- 
ered in any manner to impair or affect the claims of the said 
settlers, against any peison or persons, for or by reason of any 
contracts heretofore made by them, but that the same con- 
tracts shall be and remain in the same state as is if this law 
had not passed. 



iSTothing in 
this act to im- 
pair con- 
tracts. 



[Ad of June 25, 1798, 3 v. L. U, S, p. 68.] 

1200 acres of Sec. l.That it shall be the duty of the surveyor genera] 
land to be sur- Qf ^jjg Northwestern Territory, to survey one thousand two 
^^^^ * hundred acres of land, beginning on the bank of the Ohio 

river, at the lower corner of a tract surveyed pursuant to an 
act of Congress, entitled "An act to authorise a grant of 
lands to the French inhabitants of Galliopolis, and for other 
Boundaries of P^^P*^^^^ therein meiitioned," and running thence down said 
survey. river, along the courses thereof, six hundred and forty poles 

when reduced to a straight line ; thence extending back fron? 
the river and parallel to tie lower hne of the said grant, so 
far as to include the quantity aforesaid. And the said sur- 
veyor general shall, by lines plainly marked upon trees, di- 
vide the said tract into eight equfd parts, or lots, having each, 
as nearly as may be, an equal front on the river, and desig- 
nated by progressive numbers, marked on the corners there- 
of. And the surveyor general, when the said lots are laid 
off and numbered as aforesaid, shall distribute or assign the 
same by lot, to Stephen Monot, Lewis Anthony Carpentier, 
Lewis Vimont, Francis Valton, Lewis Philip, A. Fichon, 
Anthony Maguet, Margaret G. C. Champaigne, wife of Peter 
A. Laforge, and Maria L Dalliez, wife of Peter Luc, and to 
their heirs, being inhabitants of Galhopolis, who were pre- 
vented from obtaining their proportion of the land granted 



Tract to be 
divided. 



FRENCH GRANT. 145 

by the act aforesaid. The said surveyor general shall also Plat to be 
make out a fair plat of the said tract, and shall designate "^^^j^^ and rc^ 
thereon the said lots, marked, each, with the name of the ^'^^ 
person to whom the same shall have been assigned by lot, as 
aforesaid, which plat, with a certificate of the bounds and 
courses of the said tract and lots, he shall record in his office, 
and return a copy thereof to the secretary of state, to be 
filed in hisoffice. 

Sec. 2. That the President of the United States be, and Patent to is- 
he is hereby authorised and empowered to issue letters pa- ^^^• 
tent, in the usual form, thereby granting to the persons above 
named, and to their heirs, the said tract of land, to be held 
by them and their heirs, in severalty, in lots designated, 
numbered, and marked, as aforesaid. 

Sec. 3. That nothing in this act shall be taken, or con- Private con- 
sidered, in any manner to affect the claims of the persons tracts saved. 
herein named against any person or persons, for or by reason 
of any contracts heretofore made by them, but that the same 
contracts shall be and remain in the same state as if this act 
_had not passed. 



[Act of February 21, 1806, 4 v. L. U. S. p. 4.] 

Sec. 1. That so much of the fourth section of an act, en- Part of the 
titled "An act to authorize a grant of lands to the French act of March 
inhabitants of Galliopolis, and for other purposes therein "^'^^j^ J*' '^®' 
mentioned," as imposes the condition of an actual settlement 
on the said inhabitants, or any of them, their heirs or assigns, 
be, and the same is hereby, repealed. And in every case 
where a patent has issued, in conformity with the said fourth 
section, to any of the inhabitants aforesaid, their heirs or 
assigns, the conditions aforesaid, inserted in any such patent, ^°"f^i*^*^"^^^ 
shall be considered null and void; and the fee simple be ^jl^^jf^^jj^l]" 
vested, to all intents and purposes, in the person to whom 
such patent has been issued, his or her heirs or assigns. 



T 



ARNOLD HENRY DOHRMAN. 

[Resolution of Oclober 1, 1787, 1 v. L. U, S,p. 578.] 

. , . Resolved unanimously^ That one complete and entire town- 

granted to A. s^^P? subject to the reservations as in the other townships 
H. Dobrman. agreeably to the ordinance of the twentieth of May, 1785, out 
of the three last ranges surveyed in the western territory of 
the United States, be and hereby is granted to the said Arnold 
Henry Dohrman, free from all charges of survey, and that 
the said Arnold Henry Dohrman be allowed to make choice 
of the aforesaid township of land out of any of the said 
three ranges last surveyed, after the secretary of war shall 
have drawn for the proportionate quantity of land assigned to 
the late army, agreeably to the said ordinance of the 20th 
May, 1785. 

TAd of February 27, 1801, 3 v, L. U. S p. 423.] 



President Sec. 1. That the President of the United States be, and 

may issue a Vie is hereby, authorized to issue a patent for the thirteenth 
l3th"township township, in the seventh range, to Arnold Henry Dohrman^ 
to A. H. or his legal representatives, agreeably to a resolution of Con- 
Dohriaan. gress, of the first day of October, in the year one thousand 
seven hundred and eighty-seven. 

* See "Ohio Company's Pin-chase, U. S. M. Bounties, Lands of the U, 
Brethren, &;c." 

By the act of March 3, 1803, the secretary of war was authorized to issue 
land warrants to Major General La Fayette for eleven thousand five hun- 
dred and twenty acres, which, at his option, were to be located in the U. 
S. M. Tract, or received, acre for acre, for any lands of the U. States, 
north of the river Ohio, and above the mouth of Kentucky river. By sec- 
tion 14, of the act of March 27, 1G04, he had the privilege of locating his 
warrants on any lands, the property of the U. States, in the Territory of 
Orleans. By subsequent laws, no location was to contain less than 500 
acres, or include any improved lands, salt spring, or lead jnine. 



DONATIONS. 147 

ISAAC ZANE. 



[Act of April 3, 1802, 3 v, L, U. S, p. 468.] 



Sec. 1. That the President of the United States be, and president may 

he is hereby authorised and empowered to issue letters pat- issue patentto 

ent,. in the name and under the seal of the United States, ^* 2anc for 
.1 , .. ^ • i T ry i • i_ • , tiire© sections, 

thereby grantmg and conveying to Isaac Zane, his heirs and 

assigns, in fee simple, three sections of land, of one square 

mile each, within the Northwestern Territory, of any lands 

not heretofore granted or reserved, and to which the Indian 

title has been extinguished; in trust, nevertheless, in respect 

to two of the said sections, which shall be last mentioned and 

described in the said letters patent, to, and for the use and 

benefit of, the children of tlie said Isaac Zane, who shall 

be living at the time of his death, and of the heirs of any 

child or children, deceased, and their heirs, respectively, to 

hold as tenants in common. 

Sec. 2. That the said Isaac Zane, or his attorney in fact, How the sec-. 
shall, and they are hereby authorized and empowered to tions may be 
locate the said three sections in one or more tracts, not to ^oc'^ted, 
exceed three locations of six hundred and forty acres each: 
Provided^ The said land is not granted, appropriated, or re- 
served, by any act or resolution of the United States, or of 
Virginia, at the time of location. 

Sec. 3. That the surveyor general of the United States, Surveyor ^cn-- 
or one of his deputies, shall, without delay, reasonable notice ©ral to make 
thereof being first given, survey and lay off the same as the ^^^ ^"^*'^^' 
law directs: Provided, The same has not, at such lime, been ^^'^^^^* 
surveyed. 



EBENEZER ZANE. 
[Act of May 17, 1796, 2 v. L. U, S. p. 533.] 

Sec. 1. That, upon the conditions herein after mentioned, Three tracts 
there shall be granted to Ebenezer Zane three tracts of land, ^^ land grant- 
not exceeding one mile square each, one on the Muskingum ^ ° * ^"^' 
river, one on Hockhocking river, and one other on the north 
bank of Scioto river, and in such situations as shall best pro- 
mote the utility of a road to be opened by him on the most 
eligible route between Wheeling and Limestone, to be ap- 
proved by the President of the United States, or such person 
as he shall appoint for that purpose : Provided^ Such tracts 
shall not interfere with any existing claim, location, or sur- 
vey; nor include any salt spring, nor the lands on either side 
of the river Hockhocking at the falls thereof. 

Sec. 2. That upon the said Zane's procuring, at his own 
expense, the said tracts to be surveyed, in such way^and 



14 B DONATIONS, 

yr . ^ . manner as the President of the United States shall approve^ 
circumstances ^od returning into the treasury of the United States plats 
President may thereof, together with warrants granted hy the United States 
grant patent, f^j. jnilitary land bounties, to the amount of the number of 
acres contained in the said three tracts; and also, producing 
satisfactory proof, by the first day of January next, that the 
aforesaid road is opened, and ferries established upon the 
rivers aloresaid, for the accommodation of travellers, and giv- 
ing security, that such ferries shall be maintained, during 
the pleasure of Congress; the President of the United States 
shall be, and he hereby is, authorized and empowered to issue 
letters patent, in the name and under the seal of the United 
States, thereby granting and conveying to the said Zane, and 
his heirs, the said tracts of land located and surveyed as 
aforesaid ; which patents shall be countersigned by the secre- 
tary of state; and recorded in his office: Provided always, 
That the rates of ferriage, at such ferries, shall, from time to 
time, be ascertained by any two of the judges of the territory 
northwest of the river Ohio, or such other authority as shall 
be appointed for that purpose. 



&vmit^ nvCH ^vmUQtn to ©tiio. 



[Ad of May 18, 1796, 2 v. L.^ U, S, p. 535.] 

Sec. 3. That a scilt spring lying upon a creek which emp- Salt springs, 
ties into the Scioto river, on the east side, together with as with one mil© 
many contiguous sections as shall be equal to one township, ^^"^'^^'^'^*^"'' 
afld every other salt spring which may be discovered, toge- 
ther with the section of one mile square which includes it, 
and also four sections at the centre of every township, con- 
taining each one mile square, shall be reserved for the future 
disposal of the United States: but there shall be no reser- 
vations, except for salt spring?, in fractional townships, where 
the fraction is less than three-fourths of a township. 



[Act of April 30, 1802, 3 v, L. U.^S.p. 497.] 

Sec 7. That the following propositions be, and the same Salt springs 
are hereby, offered to the convention of the eastern state of reserved for 
the said territory, when formed, for their free acceptance or g^ate ^^ ^^ *^^ 
rejection; which, if accepted by the convention, shall be ob- 
ligatory upon the United States. 

First : That the section number sixteen, in every township, 
and where such section has been sold, granted, or disposed 
of, other lands equivalent thereto, and most contiguous to the 
same, shall be granted to the inhabitants of such township, for 
the use of schools."^ 

Second: That the six miles reservation, including the salt 
springs, commonly called the Scioto salt springs, the salt 
springs near the Muskingum river, and in the Military Tract, 
with the sections of land which include the same, shall be 
granted to the said state, for the use of the people thereof, 
the same to be used under such terms, and conditions, and 
regulations, as the legislature of the said state shall direct: 
Provided^ That said legislature shall never sell nor lease the 
same for a longer period than ten years. 

*The consideration for section No. 16, in each township, for schools; for 
the salt springs; and for the 3 per cent, of the nctt proceeds of lands sold in 
Ohio ; was the exemption of each tract of land sold by the United Stales, 
/or five years, from and after the 30th day of June, 1802, from all taxes. 



150 



GRANTS AND PRIVILEGES TO OHIO. 



^ [Ad of April 16, 1316, 1 sess, 14 Congress p. 54.] 

Les^islature Sec. 1. That the legislature of the state of Ohio shall be, 
ofOhioautho-and they are hereby authorized and empowered to cause to 
6?J^ *^ ^g^'^ be selected and sold, in such manner, and on such terms and 
part of the re- ^^^^ditions as they may by law direct, any one section not ex- 
servation of ceeding the quantity of six hundred and forty acres of the tract 
the Scioto salt Qf i^^j^j ^f gj^ miles square, reserved for the benefit of that 
\ •' state, at the Scioto salt springs: Provided, Th^t the section 

so selected shall not include the said salt springs, and that 
the money arising from the sale of the aforesaid section shall 
be applied to the erection of a court house, or other public 
buildings thereon, for the use of the county of Jackson, in 
said state ; and whenever the selection and sale of the said 
section of land shall have been made, and the same shall be 
duly certified to the commissioner of the general land office, 
a patent shall be granted by the President of the United 
States, for the said section, in trust to such person or persons 
as the legislature of the state shall have appointed and au- 
thorized to sell and execute titles to the purchasers of the 
land aforesaid. 



fAct of May 15, 1820, 1 sess, 16 Congress^p, 115.] 



1-re-emptioa Sec. 1. That there be granted to the state of Ohio, at the 
granted, of a minimum price for which the public lands are sold, the right 



quarter sec- 
tion, for seat 
of justice at 
the minimum 



of pre-emption to one quarter section, in or near the centre 
of each county, included in the purchase recently made of 
the Indians, by the treaty concluded at St. Mary's, on the 
twentieth day of September, one thousand eight hundred and 
eighteen, for the establishment of a seat of justice in the said 
counties: Provided^ The purchase be made before the com- 
mencement of the public sales: And provided also^ That the 
proceeds of the sale of each quarter section, which may be 
made under the authority of the state of Ohio, shall be ap- 
propriated for the purpose of erecting public buildings in 
said counties, respectively, after deducting therefrom the 
sums originally paid by the state aforesaid: And provided fur- 
ther^ That the seat of justice for said counties, respectively^ 
shall be fixed on the lands so selected. 



\Aci of December 28, 1824, 2 scss, 18 Congress, p, 4.] 

Three tracts Sec. 1. That the legislature of the state of Ohio shall be. 
tnajbesoldby ^nd is hereby, authorized and empowered to cause to be sold 
OMo^^^^ ^^ ^^^ conveyed, in such manner, and on such terms and condi- 



GRANTS AND PRIVILEGES TO OHIO. 151 

uons as said legislature shall, by law, direct, the following 
tracts of land, heretofore granted to said state for the use of 
the people thereof, to wit: so much of the six mile reserva- ^'"^'J?^^^' ^^°^ 
tion, including the salt springs, commonly called the vScioto ^^^ ^^'' ' 
salt springs, as remains unsold; the salt springs near the Mus- 
kingum river, and in the Military Tract, with the sections of 
land which include the same; the proceeds thereof to be ap- 
plied to such literary purposes as said legislature may here- 
after direct, and to no other use, intent, or purpose whatso- 
ever.* 



ROADS. 

[Act of March 3, 1803, 3 i\ L. U. S, p. 542.] 

Sec. 2. That the secretary of the treasury shall, from time Three per 
to time, and whenever the quarterly accounts of the receiv- centum of the 
ers of public monies of the severed land offices shall be settled, "f g^ie^^^fiJfnds 
pay three per cent, of the net proceeds of the lands of the appropriated 
United States, lying within the state of Ohio, which, since to laying out, 
the thirtieth da\ of June last, have been, or hereafter may ^^' ^<^^d^- 
be, sold by the United States, after deducting all expenses 
incidental to the same, to such person or persons as may be 
authorized by the legislature of the said state to receive the 
same, which sums, thus paid, shall be applied to the laying 
out, opening, and making roads, within the said state, and to 
no other purpose whatever; and an annual account of the 
application of the same shall be transmitted to the secretary 
of the treasury, by such officer of the state as the legislature 
thereof shall direct: and it is hereby declared, that the pay- 
ments thus to be made, as well as the several appropriations 
for schools made by the preceding section, are in conformity 
with, and in consideration of, the conditions agreed on by the 
state of Ohio, by the ordinance of the convention of the said 
state, bearing date the twenty-ninth day ol November last. 



[Act of December 12, 1811, 4 r. L. U. S. p, 364.] 

Sec. 1. That the President of the United States be, and The President 
hereby is authorized to appoint three commissioners, who to appoint 
shall explore, survey, and mark, by the most eligible course, ^J*g°J^|~^^^"'. 
a road from the foot of the rapids of the river Miami of Lake a road. 
Erie, to the western line of the Connecticut Reserve, and a 
road to run southwardly, from Lower Sandusky, to the boun- 
dary line established by the treaty of Greenville, which said 
road shall be sixty feet in width ; and the said commissioners 

"See Act of February 7, 1825, 23 r. L. O. p. 32. 



152 ORANTS AND PRIVILEGES TO OHIO. 

shall make out accurate plats of such surveys, accompanied 
with field notes, and certify and transmit the same to the 
President of the United States, who, if he approves of said 
surveys, shall cause the plats thereof to be deposited in the 
office of the treasury of the United States; and the said 
roads shall be considered as established and accepted, pursu- 
ant to the treaty held at Brownstown, in the territory of 
Michigan, on the twenty-fifth day of November, one thousand 
eight hundred and eight, 
o ^eneTunder^ Sec. 2. That the aforesaid roads shall be opened and 
the direction^ made under the direction of the President of the United 
of the Presi- States, in such manner as he shall direct. 
^^'" , . Sec. 3. That the said commissioners shall, each, be enti- 

ers'^cojimen- *^^^ ^^ receive three dollars, and their necessary assistants 
sation. ' one dollar and fifty cents, for each and every day which thej 
shall be necessarily employed in the exploring, surveying, 
and marking, said roads; and for the purpose of compensat- 
ing the aforesaid commissioners and their assistants, and for 
opening and making said roads, there shall be, and hereby 
is, appropriated the sum of six thousand dollars, to be paid 
out of any monies in the treasury, not otherwise appropri- 
ated. 



[Act of April 16, 1816, 1 sess. 14 Cong, p. 53.] 

President au- Sec. 1. That the President of the United States be, and 
J^?7h^^*° ^^"is hereby authorized to cause to be made, in such manner 
tion of the ^^ he may deem most proper, an alteration in the road laid 
road. out tinder the authority of an act, entitled "An act to autho- 

rize the surveying and making of certain roads in the state of 
Ohio, as contemplated by the treaty of Brownstov/n, in the 
territory of Michigan,'' so that the said road may pass 
through the United States' reservation at Lower Sandusky, 
or north thereof, not exceeding three miles. 
Expense, how Sec. 2. That the necessary expenses which shall be in- 
paid, curred in altering the said road, shall he paid out of the 
monies appropriated for the surveying of the public lands of 
the United States. 



[Ad ofFehmarij 28, 1823, 2 sess, 17 .Cong. p. 13.] 

The state 01 Sec. 1. That the state of Ohio is hereby authorized to 
ri^ed ro"lay" ^^^ ^"*' ^P^"' ^^^ construct, a road, from the Lower Rapids 
out a road, of the Miami of Lake Erie, to the western boundary of the 

*,See "Treaties.-' 



• RANTS AND PRIVILEGES TO OHIO. 153 

Connecticut Western Reserve, in such manner as the legis* 
lature of said state may by law provide, with the approba- 
tion of the President of the United States; which road, when 
constructed, shall forever remain a public highway. 

Sec. 2. That in order to enable the state of Oiiio to open Grant of land 
and construct said road, a tract of land, one hundred and i'or a road, 
twenty feet wide, whereon to locate the same, together with 
a quantity of land equal to one mile on eacli side thereof, and 
adjoining thereto, to be l^ounded by sectional lines as run by 
the United States, to defray the expenses of making said 
road, is hereby granted to said state; to commence at the Mi- Power given 
ami Rapids, aiid terminate at the western boundary of the <^^<^ sell and sur~ 
Connecticut Western Reserve, with full power and authority ^^-^* 
to sell and convey t'le same, and apply the proceeds to the 
making of said road: and in case the said tract of land shall 
sell for a greater sum than shall be sufficient to complete such 
road, then the residue thereof sliall remain with the state of 
Ohio, as a fund for the purpose of keeping said road in repair: 
Provided^ That said road shall be made within the term of 
four years from tlie passage of this act: And provided^ None Pro^-iso. 
of the land hereby appropriated for making said road shall 
be sold for a less price than one dollar and twenty-five cents 
per acre. 

Sec. 3. That in case any of the lands, througli which it If lands have 
may be thought expedient to open said road, may have been^?^" sold, mi- 
previously sold by the United States, the secretary of the Jo be paidTo 
treasury is hereby directed to pay such officer as the state the state. 
of Ohio may appoint for that purpose, the nett proceeds of 
the sales of the quantity thus sold at a minimum price. 

Sec. 4. That, whenever tiie governor of the state of Ohio Under what 
shall have laid before the President of the United States a ^^^^^^J),"^^^^^^^^^^^ 
survey of the location of said road, accompanied by an act of j^nd shall be 
said state, accepting said trust, and providing for making complete 
said road v/ithin the time above limited, and the President 
shall have approved the same, then the right of the state to 
said tract of land shall be considered as complete for the pur- 
poses aforesaid; and the President shall direct that, until the No lands to be 
first day of June, one thousand eight hundred and twenty- ^^^^ ^^^^i*^ 
three, none of the public land shall be sold within three miles ter June i ^ ^ 
on each side of a line, to be drawn direct from the foot of the 1823. 
Rapids of the Miami of Lake Erie to the Lower Rapids of 
Sandusky; thence to the western boundary of the Connec- 
ticut Western Reserve: Provided, Th<it nothing in this actproyisoo 
contained, shall ever hereafter be construed to imply any 
obligation upon the United States to grant additional lands, 
or further aids of any sort, towards the opening, making, or 
keeping in repair, of the road aforesaid. 

*See Act of February 25, 1824,22 v. L. O. p. 128, and act of Februair 7,, 
1825, 23 V. L. O. n. 33. ^ 



uvea SCttOOl!^. 



School sec< 
lion. 



lOrdmance of May 20, 1785, 1 v, L. U. S.p. 565.] 

There shall be reserved the lot No. 1 6, of every town- 
ship, for the maintenance of Public Schools within the saii 
township, &:c. 



Sections No. 
16 and 29 re- 
served. 



Two town- 
ships for an 
University. 



[Ordinance of July 23, 1787, 1 v. L. U. S.p. 573.] 

The lot No. 16, in each township or fractional part of a 
township, to be given perpetually for the purposes contained 
in the said ordinance. The lot No. 29, in each township or 
fractional part of a township, to be given perpetually for the 
purposes of Religion.* 

Not more than two complete townships to be given per- 
petually for the purposes of an University, to be laid off by the 
purchaser or purchasers, as near the centre as may be, so 
that the same shall be of good land, to be applied to the in- 
tended object by the legislature of the state.f 



Propositions 
ofered. 



[Ad of April 30, 1802, 3 v. L. U. S.p. 497.] 

Sec. 7. That the following propositions be, and the same 
are hereby, offered to the convention of the eastern state of 
the said territory, when formed, for their free acceptance or 
rejection; which, if accepted, by the convention, shall be ob- 
ligatory upon the United States. 
Section No. 16 ^^^'^^ ' That the section number sixteen, in every township, 
for Schools, and where such section has been sold, granted, or disposed of^ 

*This donation of section No. 29, for religious purposes, is confined to 
the Ohio Company's and Symmes' Purchase. 

tJohn C. Symmes proposes "that a contract be made, &c. in all respects 
similar in form and matter to the said grant made Messrs. Sargent and Cut- 
ler, differing only in quantity, &;c. and instead of two to\vnships, for the use 
of an University, that one only be assiirned for the benefit of an Academy.'' 
See "J. C. Symmes' Purchase." w27ife p. 26. 



LANDS FOR THE SUPPORT OP THE GOSPEL AND SCHOOLS. 15^ 

other lands equivalent thereto, and most contigiious to the 
game, shall be grai^ted to the inhabitants of such township^ 
for the use of Schools.* 



[Ad of March 3, 1803, Sv. L. U. S.p. 541.] 

Sec. 1. That the following several tracts of land in the Lands appro? 
state of Ohio, be, and the same are hereby, appropriated for pri^^ted for 
the use of Schools in that state, and shall, together with all ^^^^^^^' 
the tracts of lar>d heretofore appropriated for that purpose, 
be vested in the legislature of tliat state, in trust for the use 
aforesaid, aad for no other use, intent, or purpose, whatever, 
that is to say : 

First: The following quarter townships, in that tract com- United States 
monly called the '^United States' Military Tract," for the use Afiiitarv 
of Schools witnin the sam(3, viz: the first quarter of the third ^^^°^^ ^^'^^^ 
township in the first range, the first quarter of the first town- 
ship in the fourth range, the fourth quarter of the first town- 
ship and the third quarter of the fifth township in the fifth 
range, the secoiid quarter of the third township in the sixth 
range, the fourth quarter of the second township in the seventh 
range, the third quarter of the third township in the eighth 
range, the first quarter of the first township and the first quar- 
ter of the third township in the ninth range, the third of the 
first township in the tenth range, the first and fourth quar- 
ters of the third township in the eleventh range, the fourth 
quarter of the fourth tow iship in the twelfth range, the second 
and third quarters of the fourth township in the fifteenth 
range, the third quarter of the seventh township, in the six- 
teenth range, and the first quarter of the sixth township and 
third quarter of the seventh township in the eighteenth range, 
being the one thirty-sixth part of the estimated whole amount 
of laiids within that tract. 

Secondly: The following quarter townships in the same ^gg^^^jj j^^^ 
tract, for the use of Schools in that tract commonly called serve, 
the Connecticut Reserve, viz: the third quarter of the ninth 
township and the fourth quarter of the tenth township in the 
first range, the first and second quarters of the ninth town- 
ship in the second range, the second and third quarters of the 
ninth township in the third range, the first quarter of the ninth 
township and the fourth quarter of the tenth township in the 
fourth range, the first quarter of the ninth township in the 
fifth range, the first and fourth quarters of the ninth town- 
ihip in the sixth range, the first and third quarters of the 
ninth township in the seventh range, and the fourth quarter 
of the ninth township in the eighth range. 

Thirdly : So much of that tract commonly called the " Vir- 

*See this entire Sicipost 



t5(y LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS* 

Virginia Mill- ginia Military Reservation," as will amount to one thirty-sixtb 
*^0'* part of the whole tract, for the use of Schools within the same, 

ar.dto be selected by the legislature of the state of Ohio, out of 
the unlocated lands in that tract, after the warrants issued 
from tlie state of Virginia shall have been satisfied; it being, 
however, understood, that the donation is not to exceed the 
whole amount of the above mentioned residue of suchunlo- 
cated lands, even if it shall fall short of one thirty-sixth part 
of the said tract. 
i-36th part of Fourthly : One thirty-sixth part of all the lands of the Unit- 
all lands in ^^ States 'iji^g i" the state of Ohio, to which the Indian title 
^^^* has not been extinguished, which may hereafter be purchased 

of the Indian tribes by the United States, which thirty-sixth 
part shall consist of the section No. sixteen, in each town- 
ship, if the said land shall be surveyed in townships of six 
miles square, and shall, if the lands be surveyed in a different 
manner, be designated by lots. 
Three per Sec. 2. That the secretary of the treasury shall, from time 

cent, to be laid to time, and whenever the quarterly accounts of the receivers 
road" ^"^^^°^ of public monies of the several land offices shall be settled^ 
pay three per cent, of the nett proceeds of the lands of the 
United States, lying within the state of Ohio, which, since the 
thirtieth day of June last, have been, or hereafter may be^ 
sold by the United States, after deducting all expenses inci- 
dental to the same, to such person or persons as may be autho- 
rized by the legislature of the said state to receive the same, 
which sums, thus paid, shall be applied to the laymg out, 
opening, and making roads, within the said state, and to no 
other purpose whatever; and an annual account of the appli- 
cation of the same shall be transmitted to the secretary of the 
treasury, by such officer of the state as the legislature there- 
of shall direct: and it is hereby declared, that the payments 
thus to be made, as well as the several appropriations for 
Schools made by the preceding section, are in conformity 
The consider- with, and in consideration of, the conditions agreed on by the 
pj.)°"j^,^pg/^^^ state of Ohio, by the ordinance of the convention of the said 
state, bearing date the twenty-ninth day of November last.* 
^. ^ . Sec. 3. That the sections of land heretofore promised for 

forSchoolpto the use of Schools, in lieu of such of the sections. No. 16- ae 
be selected by have been otherwise disposed of, shall be selected by the se- 
ttle secretary cretary of the treasury, out of the unappropriated reserved 
ry, *" sections, in the most contiguous townships. 

^ Sec. 4. That one complete township, in the state of Ohio^ 

fftantedforan^^^^ district of Cincinnati, or so much of any one complete 
Academy. township, within iwe same, as may then remain unsold, to- 
gether with as many adjoiiiing sections as shall have been sold 
in the said township, so as to make in the whole thirty-six sec- 

*See ordinance and re-olutioii?, framed in conven^ioni Nov. 20. \8Ct2, 
^1 V. L. O. p. 44— and pod. 



tANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. X57 

(dons, to be located under the direction of the legislature of 
the said state, on or before the first day of October hiext, with 
the register of the land office of Cincinnati, be, and the same is 
hereby, vested in the legislature of the state of Ohio, for the 
purpose of establishing an Academy, in lieu of the township 
already granted for the same purpose, by virtue of the act, 
entitled "An act authorizing the grant and conveyance of 
certain lands to John Cleves Symmes, and his associates:" 
Provided^ however^ That the same shall revert to the United 
States, if, within five years after the passing of this act, a 
township shall have been secured for the said purpose, with- 
in the boundary of the patent, granted, by virtue of the above 
mentioned act, to John Cleves Symmes, and his associates. 

Sec. 5. That the attorney general for the time being, be Attorney 
directed and authorized to locate and accept, from the said General may 
John Cleves Symmes, and his associates, any one complete 2^^^"* ^^^^^ 
township Within the boundaries oi the said patent, so as to se- township for 
cure the same for the purpose of establishing an Academy, in an Academy^ 
conformity to the provisions of the said patent, and, in case ^^• 
of non-compliance, to take, or direct to be taken, such mea- 
sures as will compel an execution of the trust: Provided^ how 
ever^ That John Cleves Symmes, and his associates, shall be 
released from the said trust, and the said township shall vest 
in them, or any of them, in fee simple, upon pa}Tnent, into 
the treasury of the United States, of fifteen thousand three 
hundred and sixty dollars, with interest, from the date of the. 
above mentioned patent to the day of such payment. 



[Act of March 2, 1807, 4 r. L, U. S, p. 93.] 
Q T'u^.*- Vw:«.U4-«/-.v» ^,,««^^„ 4^/^„T»^o'u;^r. ^^;i +v, 



Sec. 3. That eighteen quarter townships and three sec- Eio-hteen 
tions, to be selected by the secretary of the treasury, by lot, quarter town- 
in that tract of land in the state of Ohio lately purchased from ^{j^^^ ^"^.. 
the Indians, and lying between the tract commonly called the appropriated. 
United States Military Tract and the tract commonly called for the use of 
the Connecticut Reserve, be, and the same are hereby, ap-^^^lj^*^^^'^^^^ 
propriated for the use of Schools, in that tract of land in the " • ^^° 
state aforesaid, commonly called "the Virginia Military Re- 
servation," and be vested in the legislature of that state, in 
trust, for the use aforesaid, and for no other use, intent, or 
purpose, whatever; which said eighteen quarter townships 
and three sections, arc thus appropriated and vested in lieu 
of the one thirty-sixth part of the tract aforesaid, called the 
"Virginia Military Reservation," which, by a former act, had 
been appropriated and vested as aforesaid, for the use of 
Schools within the same: Pro-uided, hoicever^ That no quarter proviso 
townships including the section number sixteen of sucli town- 
ship, shall be selected, as aforesaid, for the purpose above. 



158 Lands for the support of the gospel and schools. 

Proviso. mentiomd.: Andpro-cided also^ and it is hereby understood and 

declared^ i'hat the said eigliteen quarter townships and three 
sections shall be appropriated and vested, for the purposes 
aforesaid, only on condition that the legislature of the state of 
Ohio shall, within one year after the passing of this act, pass 
a law accepting the said eighteen quarter townships ajid three 
sections, for the purposes aforesaid, in lieu of the thirty-sixth 
part of the tract commonly called "the Virginia Military Re- 
servation," heretofore appropriated and vested by law for the 
use of Schools within the same; and releasircg to the United 
States all their claim, right, title, and interest, and all the 
right, title, and interest, of the inhabitants of the tract cf land 
last mentioned, to the thirty-sixth part of the said tract, here- 
tofore appropriated and vested by law for the use of Schools 
within the same. And if the legislature of the said state 
shall not pass a law as aforesaid, within one year after the 
passing of this act, the said eighteen quarter townships and 
three sections shall not be considered and held as appro- 
priated and vested for the purposes aforesaid, but shall 
be disposed of in the same manner as is, or may be, pro- 
vided by law for the disposal of other public lands in the 
same tract. 



[Act of Ohio, January/ 14, 1808, 6 v. p, 125.] 

An Act accepting certain lands offered by Congress for the use of Schools 
in the Virginia Military Tract, in lieu of those heretofore appropriated. 

Lands ac- Sec. 1. That the eighteen quarter-townships and three 

fcpted. sections of land, offered by the Congress of the United States, 

in the third section of the act, entitled "An act, to extend the 
time for locating Virginia Military warrants, for returning 
surveys thereon to the office of the secretary of the depart- 
ment of war, and appropriating lands for the use of schools, 
in the Virginia Military Reservation, in lieu of those appro- 
priated," approved the second day of March, one thousand 
eight hundred and seven, which third section is in the words 
following, viz: [Here the third section of the act is recited ver- 
hatimJ] be, and the same are hereby accepted in lieu of the 
lands appropriated by an act, entitled "An act, in addition 
to, and in modification of, the propositions contained in the 
act, entitled "An act, to enable the people of the eastern divi- 
sion of the territory northwest of the river Ohio, to form a con- 
stitution and state government, and for the admission of such 
state into the union on an equal footing with the original 
states, and for other purposes." 

And the General Assembly of the state of Ohio do in be- 
half of the inhabitants of the said Virginia Military Reser* 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS, 159 

yation, and in their own behalf, release to the United States, j^gigj.gp 
all their ri^ht, title and interest in and to the one thirty-sixth 
part of the said tract, appropriated and vested by the act 
fast above recited for the use of schools within the same. 



LANDS FOR SCHOOLS IN THE VIRGINIA MILITARY 
TRACT, 

Treasury Department^ \^th February^ 1808. 

In pursuance of the powers vested in me by the act ofp^gporj-ofthe 
Congress, entitled "An act to extend the time for locating Secretary of 
Virginia military warrants, for returning surveys thereon to^*^® Treasury, 
the office of the secretary of the department of war, and ap- 
propriating lands for the use of Schools in the Virginia Mili- 
tarv Reservation, in lieu of those heretofore appropriated;" 
I do hereby certify, that I have selected by lot the following 
eighteen quarter townships and three sections of land, to be 
vested in the legislature of the state of Ohio, in trust, for the 
use of Schools, and for no other use, intent, or purpose what- 
ever, in lieu of the thirtv-sixth part of the tract commonly 
called the "Virginia Military Reservation," heretofore ap- 
propriated and vested by law for the use of Schools within 
the same, namely: The southwest quarter of township num- 
ber eighteen, in range number eleven ; the southeast quarter 
of township number fifteen, in range number twelve; the 
northeast quarter of township number sixteen, in range 
number twelve; the southeast quarter of township number 
fourteen, in range number thirteen; the southwest quarter 
of township number fifteen, in range number thirteen; the 
southwest quarter of township number twenty, in range num- 
ber fourteen; the southwest quarter of township number 
twentv, in range number sixteen ; the northeast quarter of 
township number twenty-one, in rar.ge number sixteen; the 
northeast quarter of township number twenty-two, in range 
number sixteen; the northeast quarter of township number 
twenty-four, in range number seventeen; the northeast quar- 
ter of township number twenty, in range number eighteen; 
the southeast quarterof township number twenty, m range 
number eighteen; the northeast quarter of township number 
twenty-one, in range number eighteen ; the southwest quarter 
of township number twenty-three, in range number nineteen; 
the northeast quarter of township number eighteen, in range 
number twenty; the southeast quarter of township number 
twenty, in range number twenty; the northeast quarterof 
township number fourteen, in range number twenty-one; and 
the southeast quarter of township number fourteen, in range 
number twenty-one; and sections number thirty-one, thirty- 



160 LANDS FOR THE SUPfORT OF THE GOSPEL AND SCHOOLS, 

two and thirty- three, in township numher seventeen, of the 
eleventh range, in that tract of land in the state of Ohio, 
lately purchased from the Indians, and lying hetween the 
tract commonly called the United States- Military Tract, 
and the tract commonly called the Connecticut Reserve. 

In witness whereof, I have hereunto subscribed my 
name, and caused to be affixed the seal of this 
department. 

(Signed) 
(l.s.) albert GALLATIN, 

Secretary of the Treasury. 
(countersigned.) 

{Signed) JOSEPH NOURSE, ' 

Register of the Treasury. 



LANDS FOR SCHOOLS IN THE REFUGEE TRACT. 

A LIST OF LAND 

Given for Schools by the United States to the Refugee Tract. 

Section No. 15, township No. 17, range No. 16, in lieu of 
Section No. 16, township No. 18, range No. 18, granted by 
the U. S. to the Refugees. 

Section No. 15, township No. 18, range No. 17, in lieu of 
section No. 16, township No. 19, range No. 17, ditto. 

Section No. 15, township No. 16, range No. 18, in lieu of 
section No. 16, township No. 17, range No. 18, ditto. 

Section No. 15, township No. 16, range No. 19, in lieu of 
section No. 16, township No. 17, range No. 19, ditto. 

Section No. 15, township No. 15, range No. 20, in lieu of 
section No. 16, township No. 16, range* No. 20, ditto. 

Section No. 15, township No. 11, range No. 21, Matthew's 
survev, in lieu of section No. 16, township No. 12, range No, 

21, ditto. 

Section No. 21, township No. 11, range No. 21 Matthew's 
survey, in lieu of section No. 1 6, township No. 5, range No. 

22, ditto. 

Land-Office, Chillicothe, March 4, 1806. 

I certify the foregoing to be a correct copy from the record 
in this office. 

JESSE SPENCER. 

Note. — The selection was made in a very judicious manner, by Jesse 
Spencer, Esq. Register of the Land-Office at Chillicothe, March 4, 1806, at 
the request and with the approbation of Mr. CrStUatin, the secretary of tikr 
treasury. 



'iANDS yOR THE SUPPORT OF THE GOSPEL AND SCHOOLS* l€l 

SCHOOL LANDS FOR THE RESERVATION AT THE 
LOWER RAPIDS OF SAKDUSKY KIVEK. 

[Aci of April 27, 181G, 1 sess, 14 Congress^p. 94,] 

Sec. 3. That all the hxV-l co:;tainetl witli5n the aforesaid ces- Reservations 
iioii, of two miles square v sha}], with the excepiion of ac: maiiy of lots tor 
town lots and out-lots, as in the opiuioB x^f the secretary of 
the treasury may ho necessary to reserve for the support of 
Schools within the same; ar;^ with exceptiofi also of the salt 
springs, and land reserved for the \;se of the same, be offered 
for sale to the highest bidder, at Wooster, in the state of 
Ohio, under the direction of the regisley and receiver of the 
land office, and on such day or days as shall, by a public 
proclamation of the President of the United States, be de-' 
lignated for that purpose.''^ 

LOTS SELECTED. 

' In-lots numbered 163, 165, 167, 169, 171, 173, 175, 177, 
179 — and Out-lots numbered 10 and 11; in the town of 
Croghanville. 



LAWS OF THE TERRITORIAL AND STATE GOVERN- 

BIENT. 

[Act of JVov. 27, 1800, 2 sess, 1 Gen, Assent, of the Ten p. 8.] 

An Act autborizin? the leading of lands ^rantcJ for the support of Schools 
and for Religious purposes, in the county of Washington. 

{Preamble,) 

Sec. 1. That there shall be established a body politic and Corporation 
corporate, by the name and style of "The trustees for manag- established, 
ing lands granted for Religious purposes and for the support 
of Schools, in the county of Washincrton, within the Ohio 
Company's Purchase," which coporation shall consist of sev- 

*Section 3, of the act of April 27, 1816, 1 <;e55. 14 Congre-ss, p. 112, pro- 
fides for the sale of the reservation of twelve miles square, (at the "British 
fort of the Miami of the lake, at the foot of the IlaDids,") excepting section 
number sixteen, which shall be reserved, in each township, for the support 
of Schools within the same, and with the exception also, of the salt springs 
and lands reserved for the use of the same, &c. 

Section 3, of the act of May 26, 1824, I sess. 18 Congress, p. 107, allows 
the Secretary of the Treasury to set apart of (the lands formerly granted- 
to the United Brethren) one lot not exceeding one thirty-sixth ^art of each 
tract, the title to which shall be vested in the legislature of Ohio, in trust, 
for the use of Schools, in the same manner that other lands have been grmt- 
ed for that purpose. I believe the School landi hare not yet been desig- 
Silted QQder this \^i act. 



iG2 LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS'. 

Style andca-en persons, to be appointed by the legislature, capable of 
;nacities. suing and being sued, of pleading and being impleaded, and 
when sued, service shall be by leaving a copy of the process 
with their clerk, if the debt or demand exceed the jurisdic- 
tion of a single magistrate, at least thirty days before the sit- 
ting of the court to which such process is made returnable; 
but if cognizable by a sinde magistrate, a copy of the pro- 
cess shall be left with the c|erk, and the time of service regu- 
lated by the la\rs of this territory, in such case made and 
provided; and they shall l-t.re a common seal, with a power 
to break, alter and renew the same, when and so often as 
said corporation may thick pro ^er. 
^ Sec. 2. That Gritin Gieej e, Robert Oliver, Benjamia 

rcPino coroo" I^'^^ Oilman, Isaac Pierce, Jv^^nathrai Stone, Ephraim Cutler, 
ration. and William Rufus Putnam, esquires, be, and the same are 

hereby appointed trustees for thb purposes expressed in thig 
act, any five of whom to constitute a board, capable of doing 
Proviso. and transacting the busine'^s of said corporation: Provided^ 

That no act or resolution of the board shall be conclusive or 
binding, unless the same sl^all be approved of by a majority 
of the whole number of the trustees, composing the corpo- 
ration, 
Leoislature ^^'^' ^* That the legislature may, on complaint, remove 
may remove any member of the corporation, fcr misconduct or breach of 
and fill vacan- (rust, and wh^n vacancies occur in the corporation, either bj 
"^^' deat't, removal or resignation of any trustee, the legislature, 

shall appoint a person to fill such vacancy: and in case a va- 
cancy should happen durirg the recess of the legislature, 
the board of trustees may fill such vacancy, to serve during 
such recess ; which appointment shall be certified to the next 
legislature by said board. 
A el-rk, fcc. Sec. 4. That the corporation aforesaid shall meet annu- 
to be appoint- ally or. the first Monday in April; at which meeting the trus- 
''^^' tees shall choose, from their body, a chairman, clerk and 

treasurer; the chairman may call special meeti] gs when ne- 
cessary 5 the clerk shall reside, and hold his office in Marietta, 
and the treasurer shall giv3 ])ond with two sureties, neither 
of whom shall be a member of tl\e corporation, conditioned 
for the faithful disci, arge of the duties of his office, in such a 
sum as t)»e trustees may think necessary. 
Temporary Sec. 5. That until the first annual meeting of the corpo- 

officofs. ration aforesaid, Griffin Greene, shall be, and is hereby ap- 

pointed ciiairman; Benjamin Ives Gilman, clerk; and William 
Rufus Putnam, treasurer. 
Lands In ^^^' ^* ^^^^^ '^^^ '^"^ every lot of land, granted as afore* 

chargeofirus- said, either by the United States or the Oliio Company, shalj 
tee?. be and tlie same are hereby placed under the care, charge 

avd inspection of the trustees aforesaid, and they are hereby 
vested with full power and authority, when and so often as 
tiicy mav think proper, by legal process* to remove any per- 



tANDS FOR THE SUPPORT OF THE GOSPEL AND- SCHOOLS. 1€3 

son or persons from the possession of any of the lots granted The power to 
as aforesaid, when such person or persons have not taken a ^^"^ove. 
lease and refuse or neglect to take the same, or are on such 
lands as ^he trustees think proper to reserve for wood land, 
commons or other useful purposes. And the said trustees 
are authorized to prosecute any person or persons for com- 
mitting trespass or waste on any of the land granted as afore- 
said, in any court proper to try the same. 

Sec. 7. Whereas, a part of the town of Marietta, is built on Preamble, 
the fractional lot num))er twenty-nine, in the second township 
of the eighth range, surveyed agreeably to the ordinance of 
Congress of the twentieth of Mav, one thousand seven hun- 
dred and eighty-five, gran'ed for Religious purposes as afore- 
said; and whereas it is reasonable that those persons who 
have built or may build valuable houses on the same, should 
hold the land so built on, by a permanent lease: Be ii there- 
fore further enacted,, That the said trustees are authorized to 
lease any part of the lot numbei twenty-nine, mentioned inieSf^?o'29"^' 
this sectioTi, except such streets and commons as have been 
laid out and established as public highways, by tlie court of 
general quarter sessions of tlie peace, for the county of Wash- 
ington, in the following manner, viz; to any person or per- 
sons who have built or may build a dwelling-house, a store- 
house, a house or houses for any manufactory, of the value of 
two undred and fifty dollars, a lot or parcel of ground not Quantity of 
to exceed one-third part of an acre; to any person or persons j'^'^^Y^ ^^ 
who have built or may build a dwelling-house, a house or 
houses for any manufactory, of the value of one thousand 
dollars, a lot or parcel of ground not to exceed two-third parts 
of an acre, provided the trustees shall deem so much land ne- 
cessarv for such manuftictory: to any person or persons who 
have built or may build a dwelling-house, of the value of two 
thousand dollars, a lot or parcel of ground not to exceed one 
acre: Provided always ,, That the house aforesaid stand upoop . 
the lot or parcel to be leased as aforesaid; which lease or 
leases shall be made for the term of ninety-nine years, and be 
renewable forever, with a fixed annual rent, not in any case 
to exceed ten dollars for one-third part of an acre per year, 
except as is provided in the t ^nth section of this act, and not 
in any case to be less than one dollar for one-third part of an 
acre per year, and in this proportion for any greater or less 
quantity of ground leased as aforesaid. And it is hereby 
made the duty of the trustees aforesaid, to regulate the leas- 
ing of the lot number twenty-nine aforesaid, by the survey 
made by the Ohio Company of part of the said lot, in laying 
out the town of Marietta. 

Sec. 8. That any person or persons holding any lot or par- Transfer, hot^ 
eel of ground, by lease or leases as aforesaid, renewable for"^ 
^ver, may transfer the same ; and the legal evidence of such 



iQ4 eAWBS FOR THE "^XjTTOKI QT TKS GOSPEL ANB SCHOOLS* 

transfer, sliaH be tlr*e same as is bj'^law required, for evidence 
of the transfer of iar.ds in fee simple, 
Va ntl is ^^^* ^' That aiiy part of lot number twenty-nine as afore- 
ma^be leas- said, which shall not be leased as aforesaid, may be leased 
ed. for a term not exceedirig seven years nor less than three 

years, and the trustexis may from term to term, require sach 
rent as they may thiiik rea3o; able: Provided, the same shall 
in no case, exceed the mm of five doUars for one th rd part 
of an acre in one yea**: ar.d if any part of the said lot number 
twenty-nine, held by lease for years as aforesaid, sliould be 
built upon during the continuaDce of the lease and the oc- 
cupant or occupants should obtain a permanent lease as 
aforesaid, then so much of the lease for years, shall be void^ 
as is contained in the permanent lease. 
Preamble. ^^^' ^ ^' Whereas towns are frequently rendered unhealthy 

by a crouded population, therefore to impede an evil so 
calamitous: Be it further enacted, That when any person or 
persons shall hereafter build on a lot or parcel of ground, not 
exceeding one-third part of an acre, move than one dwelling- 
house, or shall hereafter build or add to a dwelhng-house, so 
as to a accommodate more than one family, then, and in 
everv such case, such occupant shall annuallj' pay, for each 
"^^t +^^^ 'd additional dwelling-house or accommodation for a family, as 
for more than aforesaid, thrce-fourths of the sum of the annual rent upon 
one house. the lot, in addition to the annual rent. And it is hereby 
made the duty of the trustees aforesaid, to insert in everj 
lease by them made, a provision for the purpose of prevent- 
ing any evasion of this section. 

Sec. 11, That the rhoaey due for rent, shall be paid by 
^lk\ semi-SLii' *^^ lessee, to the treasurer of the trustees, the one moiety on 
nuallj. or before the thirtieth day of June, annually, and the other 

moiety on or before the thirty-first day of December, annu- 
ally ; and on failure of the payment of the rent for thirty days 
after the day of payment, the trustees, may direct their clerk 
to issue a warrant of distress, directed to a constable of the 
distress^may township, commanding him to levy and collect the rent out of 
issue. the goods and clmttels of the delinquent; and: the clerk shall 

receive twenty-five cents for such warrant; and the constable 
such fees as are given by law for the like services in other 
cases, to be collected with the rent: Provided, No goods or 
chattels can be found of which distress might be made, the 
i^ybesold. trustees are empowered to re-enter upon the land, and the 
improvement shall be sold at public vendue, to satisfy such 
rent and costs; in which case, the said trustees shall give ten 
days public notice of the time and place where the improve- 
ments of such land or a part thereof will be sold ; and in case 
the improvements should sell for more than the rent and 
costs, or there be only a part sold, the overplus, if in money, 
shall be paid over, and if in lands, shall again be leased tc 
ihe delinquent. 



tANDS POU THE SUPPORT OP THE GOSPEL AND SCHOOLS* 165 

Sec. 12. That three-fourth parts of the dear profits, in- i^enta appro* 
come and rent of the said fractional lot number twenty-nine, priated. 
^hnll he appropriated for the support of such public teacher 
or teachers of piety, religion ad m>ralitv, as shall be em- 
ployed as hereafter provided; and that the other one-fourth 
part shall be received^! n the treasury or placed at interest on 
good security; and when, in the opinion of the trustees, it 
shall be sufficient, it shall be appropriated to build a house 
of public worship within said fractional township, or two or 
more houses when necessary; wiiich house or houses shall 
be subject to be occupied and made use of, by all and every 
religious society, which is entitled to a dividend of the rents 
and profits as directed by this act. And in case two or more 
societies are desirous to make use of one house, tlie trustees 
shall direct the time when each society may use the same; 
and should there be as many houses as societies, the trustees 
shall assign to each societya house. 

Sec 13. That the free male inhabitants of the age of Who entitled 
iwentv-one years and upwards, who have resided one year*^"^^^ ^ 
withi;] the said township, number two, and hold lands in fee 
in said township, or rent a house or land for the term of one 
year within the same, may form themselves into a religious 
society or societies, and may employ a public teacher or 
teachers of religion, piety and morality as they may think 
necessary ; which society or societies may meet at such times 
and places as they may agree on, and appoint such officers 
as they may deem necessary to manage dnd transact their 
business. 

Sec. 14. That to enable the trustees to make a just divi- What acts t© 
dend of the money arising for rent, to each society established ^^ ^^^^^ ^^ 
within said township as aforesaid, it shall be the duty of every fnrdividend!' 
free male inhabitant of the age of twenty-one years, qualified 
as aforesaid, on or before the first Monday of April, annually, 
to lodge with the clerk of the trustees, a certificate, stating 
the society to which such person belongs; and the number of 
persons of the age aforesaid belonging to a society, and hav- 
ing lodged a certificate as aforesaid, shall be the ratio by 
which the trustees shall pay out the money for the support, 
of religious teachers: Provided ahmys^ That no society shall Proviso, 
be considered as entitled to a dividend of the money afore- 
said, unless such society shall employ a pubhc teacher as 
aforesaid, and shall meet one day in seven for public worship. 
And the trustees shall not, in any case, pay out money to any 
society until such society produce a contract by them made, 
and also produce evidence that the services for which money 
is to be paid, have been actually done and performed, agree- 
ably to contract; and when such evidence is produced, the 
trustees shall draw an order on their treasurer, in favor of , 

the person who rendered the services, for the amount thereof, 



166 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS, 



Dividend may 
be put to in- 
terest. 



Appeals al- 
lowed. 



Improvement 
leases may be 
granted. 



Officers' com- 
pensation. 



Preamble. 



provided the dividend belonging to such society shall amount 
to that sum. 

Sec. 15. That if any society shall not appropriate and 
expend the whole of their dividend in one year, it shall be 
lawful for. the trustees to place the balance remainirig in the 
treasury, at interest, on good security, for the benefit of such 
society, to be afterwards appropriated by them for the pur- 
poses aforesaid. 

Sec. 1 6. That should there be any dispute, whether the 
money aforesaid is distributed agreeably to the provisions of 
this act, the society or societies who may think themselves 
aggrieved by the decision of the trustees, may appeal from 
such decision, to the court of general quarter sessions of the 
peace, which appeal shall be entered with the clerk of the 
trustees within fifteen days after such decision is made public, 
and the clerk is required to certify such decision, with all 
proceedings had thereon, to the next court of general quarter 
sessions of the peace; and the said court is authorized and 
required to hear and determine such matter in dispute, and 
certify their determination to the clerk of the trustees, which 
determination shall be final, and the distribution made ac- 
cordingly; and the books of the trustees, v/ith the accounts 
of their treasurer, shall, at all times, be subject to the in- 
spection of any committee or committees, from one or all of 
the societies of said township, established as aforesaid. 

Sec. 17. That the said trustees are hereby authorized to 
lease all the other lots of land, granted as aforesaid, for Reli- 
gious purposes and the support of Schools in the county afore- 
said, for any term not exceeding seven years, and may re- 
quire such improvements to be made thereon as they maj 
think reasonable ; and if anv lessee shall neglect to make the 
improvements conditioned in the lease, the trustees shall 
have power to re-enter upon the land, and lease the same to 
any other person. 

Sec. 18. That the trustees may require, for each lease 
for improvement, a reasonable sum for said lease, together 
with a sum to defray the expense of sub-dividirg any lot; and 
the trustees aforesaid, for all business performed under this 
act, relative to the lot number twenty-nine, in the second 
township aforesaid, shall each receive, for every day neces- 
sarily employed on said business, one dollar, and the trea- 
surer is hereby authorized to pay the same; and the trea- 
surer shall retain six per centum, on all money by him re- 
ceived, in full compensation for receiving and paying out the 
money; and the clerk shall receive such allowance, as the 
other trustees shall think reasonable, for all writing under 
this act. 

Sec 19. Whereas doubts may arise, how far a future 
legislature may alter or repeal a law that creates a corpo- 
rate body, without a provision therefor in the same law ; there- 



LANDS FOR THE SUPPORT OP THE GOSPEL AND SCHOOLS. 167 

fore: Be it further enacted^ That the legislature may, at any This act may 
time hereafter, amend, alter or entirely repeal this act, and, be altered, 
in any other manner, appropriate the profits of the aforesaid 
lot, number twenty-nine, to the purposes aforesaid: Provided 
always^ That all leases made under this act, shall be, and 
remain as \alid in law as though no alteration had been made 
by the legislature. This act shall commence and be in force 
from and after the first day of Jauary next.* 



\Act of February 21, 1805, 3 v. L. O. p, 200.] 

An Act authorizing the leasing of certain lands in the county of Washing? 
ton, granted for Religious purposes. 

Sec. 1 . That there shall be established a body politic and cor- ^^'^P?.'*?^*^?^ 
poratp., by the name aad style of the trustees for managing lands ^^^^^ g^^^ 29** 
granted for Piehgious purposes, in the county of Washington, in Washing-' 
within the Ohio Company's Purchase, which corporation shall ton county, 
consist of nine persons, to be appointed by the General As- 
sembly, capable of suing and being sued, of pleading and be- 
ing impleaded, and when sued, service shall be by leaving a 
copy of the process with their clerk, if the debt or demand 
exceed the jurisdiction of a single magistrate, at least thirty 
days before the sitting of the court to which such process is 
made returnable, but if cognizable by a single magistrate, a 
copy of the process shall be left with the clerk, and the time 
of service regulated agreeably to the laws of this state, in such 
case made and provided, and they shall have one common 
seal, with the power to break, alter and renew the same, 
when and so often as said corporation may think proper. 

Sec. 2. That William Rufus Putnam, Matthew Backus, Trustees ap 
Joseph Buell, Silas Bent, junr. Cornelius Hogland, Haffield pointed. 
White, Joseph Wood, William Skinner and William Nixon, 
be and the same are hereby appointed, trustees for the pur- 
pose expressed in this act, any five of whom to constitute a 
board capable of doing and transacting the business of the 
said corporation : Providing, That no act or resolution of the Provisau 
board shall be binding, unless the same shall be approved of by 
a majority of the whole number of the trustees composing the 
corporation. 

Sec 3. That the legislature may, on complaint, remove Legislature 
any member of the corporation for misconduct or breach of may remoye 
trust, and when vacancies occur in the corporation, either by ^^°"* ^^^^' 
death, removal or resignation of any trustee, the legislature 
shall appoint a person to fill such vacancy, and in case a va- 

*A law was passed 1 sess. G. A. T. p. 232, authorizing the inhabitants of 
Marietta to levy a tax on the occupiers of section No. 29, for 1800. This 
ect expired, January 1, 180f. 



i68 ' fcAND3 FOR THE StJPPORT OP THE eOSPEL AN0 SCHOOLS'. 

cancy should happen during the recess of the legislature, the 
board of trustees may fill such vacancy, to serve during such 
recess, which appointment shall be certified to the next le- 
gislature by said board. 
Annual meet- Sec. 4. That the corporation shall meet, annually, on the 
ing, first Monday of May, at which time the trustees shall choose* 

from their body, a chairman, clerk and treasurer; the chair- 
man may call special meetings, when necessary; the clerk 
and treasurer shall reside and keep their offices in Marietta; 
the treasurer shall give hoiHls, with tv/o sureties, neither of 
Officersto give whom shall be a member of the corporation, conditioned for 
^^^^' the faithful discharge of his oSice, in such a sUm as the trus- 

tees may think necessary. 
Lands vested ^'^^* ^' That all and every lot of land lying in the county 
in the corpo- of Washington, granted as afores'.iid, by the United States to 
ration, the Ohio Company, in trust, shall he ard the same are hereby 

placed under the care, charge and inspection of the trustees 
aforesaid, and they are hereby vested with fall pow^r and 
authority, when and so often as they may think proper, by le- 
gal process, to remove p,ny person or persons from the pos- 
session of any of the lots granted as aforesaid, when such per- 
son or persons have not taken a lease, and refuse or neglect 
to take the same, or are on such lands as the trustees think 
proper to reserve for wood lands, commons or other useful 
purposes; ?nd the sfiid trustees are authorized to prosecute 
any person or persor.3 for ccmmitting trespass or waste on any 
lands granted as aforesaid, in <s^y court proper to try the 
same. 

Sec. 6. That as the town of iliarietta is built on the frac- 
ieT*?ots?n^ tional lot number twenty-nine, in the second township of 
townofkari-the eighth range, sui-veyed agreeably.. to the ordinance of 
«tta. Congress, of the twentieth of May, one thousand seven hun- 

dred and eighty-five, granted for Religious purposes afore- 
said, and it is reasonable that those persons who have built or 
may build valuable houses on the stime, should hold the same 
so built on by a permanent lease, the said trustees therefore, 
are authorized to lease any part of the aforesaid lot number 
twenty-nine, except such streets and commons as have been 
heretofore laid out and established by law, as public roads 
and highways, in the following manner, viz: To any person 
or persons who have built or may build a dwelling-house or 
store-house, or house or houses for any manufactory, of the 
value of two hundred and fifty dollars, a lot or parcel of ground 
not exceeding one-third part of an acre. To any person or 
persons who may build a dwelling-house or house or houses, 
for any manufactory, of the value of one thousand dollars, a 
lot or parcel of ground not exceeding two-third parts of an 
acre. To any person or persons who have built or may 
build a dwelli;ig-house of two thousand dollars and upAvards, 
a lot or parcel of ground not to exceed one acre and one-third 



feiNDS FOR THE SUPPORT OP THE GOSPEL AND SCHOOLS* i^3 

ef an acre: Providing^ The person or persons building such Proviso* 
house, have that quantity in possession; which lease or leases 
shall be made for the term of ninety-nine years, and renewa- 
ble forever, with a feed annual rent, not in any case, to ex- Length of 
ceed ten dollars for one third part of an acre, nor less than terms ami 
one dollar, and in the same proportion for any greater or less^^'^ * 
quantity of ground leased as aforesaid ; and it is hereby made 
the duty of the trustees aforesaid, to regulate the lot number 
twenty-nine aforesaid, by the survey made by the Ohio Com.- 
pany, of part of the said lot, in laying oif the town of Marietta. 

Sec. 7. That any person holding any lot or parcel of Lease maybe 
ground, by lease or leases aforesaid, renewable forever, ^^^^S^^^"* 
may transfer the same, and the legal evidence of such trans- 
fer shall be the same as by law required for evidence of the 
transfer of lands in fee simple. 

Sec. 8. Tnat any part of lot number twenty-nine, as afore- Vacant lots 
said, which shall not be leased as aforesaid, may be leased ™^y ^® ^®^^^''''' 
for a term not exceeding ten years nor less than three years, 
and the trustees may, from time to time, require such rent 
as they may think reasonable: Providing^ That the same 
shall, in no case, exceed three dollars for one-third part of an 
acre, for one year; and if any part of the said lot, number 
twenty-nine, held by lease for years, as aforesaid, should be 
built on during the co^itinuance of the lease, and the occu- 
pant or occupants should obtain a permanent lease, as afore- 
said, then so much of the lease for years shall be void as is 
contained in the permanent lease. 

Sec. 9. That the money due for rent, shall be paid ^7 ^" ^^f^"/^4^i.^ 
the lessee to the treasurer of the trustees, on the first day J?j^^|.^Q^f"^-g^^^g^ 
of July, annually, arid on failure of the payment of the rent may issue, 
for forty days after the day of payment, the trustees may di- 
rect their clerk to issue a warrant of distress, directed to a 
Constable of the township, commanding him to levy and col- 
lect the rent out of the goods and chattels of the delinquent, 
and the clerk shall recover twelve and an half cents for such 
warrant, and the constable such fees as are given by law for 
the like services in other cases, to be collected with the rent? 
Providing^ No goods or chattels can be found, of which dis- 
tress can be made, the trust es are empowered to re-enter 
upon the land, and the improvement shall be sold at public Improvements 
vendue, to satisfy such rent and costs ; in which case, the said ^^y ^^ *^^^* 
trustees shall give at least fifteen days public notice of the 
time and place where the improvement of such land or part 
thereof, will be sold, and in case the improvement should sell 
for more than the rent and costs, or there be only a part sold, 
the overplus, if in money, shall be paid over, and if in lands, 
shall again be leased to the delinquent. 

Sec. 10. That it shall be lawful for every free male i'^^^''^" j^j 'to"divr-*'^' 
bitant, who resides in the town of Marietta, annually, in the ^^j^j whento 
month of May, to lodge with the clerk of the trustees a certi- apply. 

A 



174 



LAXDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 



Tnistees to 
draw on com- 
mittee. 



Appeals lie to 
the court of C. 
Pleas, 



Other parts 
Btiay be ieas- 



Compensa- 
tion to trus- 



ficate, setting forth the religious society to which he belongS| 
and the certilicates returned as aforesaid, shall be the ratio by 
which the trustees shall make the distribution of the propor- 
tional part of the clear profits, income and rent of the said 
fractional lot number twenty-nine, in Marietta, amongst each 
and every religious society, which money shall be appropri- 
ated for religious purposes, agreeably to the original grant. 

Sec. 11. That it shall be the duty of the trustees aforesaid^ 
annually, in the month of October, to issue their order on the 
treasurer, in favour of such committee, as a majority of such 
society shall appoint for that purpose, the proportional part 
of the rents and profits of the said lands due to such society, 
agreeably to their numbers, certified as aforesaid. 

Sec. 1 2. That should there be any dispute, whether the 
money aforesaid is distributed agreeably to the provisions of 
this act, the society or societies who may think themselvee 
aggrieved by the decision of the trustees, may appeal from 
such decision to the court of common pleas of the county, 
which appeal shall be entered with the clerk of the trustees, 
within fifteen days after such decision is made pubhc, and the 
clerk is required to certify such decision, with all the pro- 
ceedings had thereon, to the next court of common pleas, and 
the said court is authorized and required, to hear and deter- 
mine such matter in dispute, and certify their determination 
to the clerk of the trustees, which determiriation shall be 
final and the distribution made accordingly, and the books of 
the trustees, w^ith the accounts of the treasurer, shall at all 
times be subject to the inspection of any committee or com- 
mittees, from any one or all of the societies of said township, 
established as aforesaid. 

Sec. 13. That the trustees are hereby authorised to lease 
all the other lands granted as aforesaid, for religious purposes, 
in the county aforesaid, for any term not exceeding twenty 
years, and may require such rent or improvement to be made 
thereon, as they m^ay think reasonable ; and the money, when 
collected, s^iall be paid iiito the treasury, for the use of the 
society or societies of tlie township in which said section is 
situated, agreeably to the provisions of this act; and if any 
lessee shall neglect to make the improvement conditioned in 
the lease, the trustees shall have power to re-enter upon the 
land and lease the same to any other person. 

Sec- 14. That the trustees may require for each lease for 
improvement, a reasonable sum for said lease, together with 
a sum to defray the expense of sub-dividing any lot, and the 
trustees aforesaid, for all busi less performed under this act^ 
relative to the lot number twenty-nine, in the township afore- 
said, shall each receive, for every day necessarily employed 
on said business, seventy-five cents; and the treasurer is here- 
by authorized to pay the same, and the treasurer shall retain 
«ix per centum on all monies by him received, in full com^ 



LANDS FOR THE SUPPORT OF TliE GOSPEL AND SCHOOLS. \' ^ 

pensation for receiving and paying out the same, and the 
clerk shall receive such allovv-ance as the other trustees shall 
think reasonable, for all writing performed under this act. 

Sec. 15. That all leases which have heretofore been given, Proceedings 
and all business performed under the authority of an act, cn-»^^^er ^^^^^^^^^ 
titled, "An act authorizing the leasii'g of lands granted for ' 
the support of Schools and for Rehgious purposes, in the 
county of Washington," passed the twenty-seventh day of 
November, in the year of our Lord, one thousand eight hun- 
dred, shall be considered good and valid in law, any thing 
to the contrary notwithstanding. ' 

Sec. 16. That all laws and parts of laws, heretofore pass- Laws repea,! 
ed on this subject of Ministerial lands, lying in the county ed. 
of Washington, be and the same is hereby repealed. 

This act to take effect, from and after the 15th day ofEifcct* 
l^Iarch next. 



[Ad of January 17, 1806, 4 r. L. O, p, 25.] 

An act to amend an act, entitled "An act, authorizing the leasing of cer- 
tain lands in the county of Washington, granted for Religious purposes.'* 

(Preamble,) 

Sec. 1. That the trustees for managing and leasing cer- Trustees vest- 
tain lands in the county of Washington, granted for Religious ^d with cer- 
purposes, be and they are hereby authorized and empowered ^^ ^ 
to receive from the trustees appointed under the authority of 
an act, entitled ^'An act authorizing the leasing of lands 
granted for the support of Sctiools, and for Religious pur- 
poses, in the county of Washington,'' passed the twenty- 
seventh day of November, in the year of our Lord, one thou- 
sand eight hundred, all the books, records, leases, and other 
papers in their possession, relative to the said Ministerial 
land, and to demand of them a settleme^.t, of all their ac- 
counts, to receive all the money in their possession or in the 
hands of their treasurer, and also to collect all the money 
which may be due from individuals for rent under the law 
aforesaid, in the sarre manner as though it was due under the 
existing law, and appropriate the same agreeably to the true 
intent and meaning of the said former law^, and to receive the 
money reserved by said law, and appropriate the same to- 
wards building a house or houses for public worship in Ma- 
rietta, in such manner as they may think most proper. 

Sec 2. That in case of refusal or non-compliance, on the New trustees 
part of the said former trustees with the foregoing section, the niay sue old, 
said trustees now in office, are authorized in their corporate 
capacity, to bring suit against them, the said former trustees, 
before any court proper to try the same. 



172 



liANCS FOR THE SUPPORT OF THE GOSPEL AND SCHOOtS. 



Religions so- 
cieti-ps may 
appoint a 
committee. 



May build a 
bouse for wor- 
ship. 



Termaneut 
leases how 
granted. 



Compensation 
o£ trustees. 



Faffect. 



Sec. 3. That it shall be lawful for any Religious society^ 
who are entitled to receive a dividend of the money arising 
from the rents of the said Ministerial lot number tvrenty-nine 
in Marietta, to appoint a committee to contract with anv per- 
son or persons to build a house for public worship in Mariet- 
ta, and to transfer their right and title to the said dividend 
for that purpose, for any term not exceeding seven years, and 
the persons giving in their names for the purpose of building 
a house as aforesaid, shall not be compelled to give in their 
names to the trustees yearly in the month of May, as direct- 
ed in the above recited act, and the trustees are directed to 
pay the proportion of the money, the said society is entitled 
to receive,, on the order of the committee appointed by said 
society. 

Sec. 4. That any person who has received a permanent 
lease, or is entitled to receive a permanent lease in conse^ 
quence of building a valuable house or houses, shall be en- 
titled to receive permaneiit leases, agreeably to the sixth 
section of the above recited act, whether the land adjoins the 
lot the hou^e is built on or not. 

Sec. 5. That the trustees aforesaid, shall each be en- 
tited to receive one dollar and twenty-five cents, in lieu af 
the seventy-five cents allov/ed for each day they shall be ne- 
cessarily employed under the authority of this act, or the act 
to which this act is an amendment. 

This act to take effect, and be in force, from and after the 
first day of April next. 



Preamble. 



Tru:itees re» 
duced to 
tlijrcR^ 



[Act of February/ 14, 1 8 1 0, 8 r. ;?. 11 5.] 

An act to amend the act, entitled "An act authorizing the leasing of cer- 
tain lands in the county of Washington, granted for Religious purposes.'* 

Whereas by the act, entitled "An act authorizing the leasing 
of certain lands in the county of Washington, granted for 
Religious purposes," it is provided that there shall be 
established a body politic and corporate, by the name 
and style of "The trustees for managing lands granted 
for Rehgious purposes, in the county of Washington," 
within the Ohio Company"'s Purchase, to consist of nine 
persons; and whereas it has been found that the num- 
ber is too great and expensive: Therefore^ 

Sec. 1. That after the first day of May next, the said cor- 
poration shall consist of three persons, instead of nine, to be 
appointed by the General Assembly; and the said corporation 
shall possess all the rights, privileges, and immunities con- 
ferred upon said corporation, by law, when it consisted of 
Tiinc persons^ 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCH00L3. 173 

Sec. 2. That Thomas Stanley, John Sharp and Cornelius Three com- 
Houghland, be, and they are hereby appointed trustees, for n^i^sionera ap- 
the purposes expressed in the acts relative to the aforesaid P^^'^^^^- 
corporation, in the room and steeid of William Rufus Putnam, 
Joseph Buell, Cornelius Houghland, Hatfield White, Joseph 
Wood, William Skinner, Return Jonathan Meigs, jun. Wil- 
liam Nixon and Timothy Buell, the present trustees. The May elect 
said trustees at their annual meeting in May next, may elect c'ei"*^ and trea<. 
their clerk and treasurer, from without their body, and in ^^^^^' 
like number forever after* 

Sec. 3. That so much of the act, to which this act is Part of act 
amendatory, as comes within the purviewof this act, be, and''^P^^^*^^* 
the same is hereby repealed. 

This act to take effect, ^d be in force, from and after the Effect, 
first d^y of May next. 



[Resolution of January 25, 1814, 12 v, L» O, p, 219.] 

Resolved^ That Timothy Buell, Esquire, be, and he is here- 
by appointed one of the trustees for managing lands granted 
for Religious purposes, in the county of Washington, within 
the Ohio Company's Purchase, in the room of John Sharp, 
Esquire, resigned. 



[Act of April 15^ 1803, \ v. L. O, p. Q\. 

An act to provide for the leasing of certain lands therein named. 

Sec. 1. That the lands granted for the support of Schools School lands 
in the several parts oi the state, shall be let on lease for the ^° ^^ ^^** 
purpose of improving the same, and thereby rendering them 
productive, that the profits arising therefrom may be applied 
to the support of Schools, according to the true intent and 
meaning of the original donation and the several laws of the 
United States, reserving, granting and appropriating the 
same. 

Sec. 2. That all the lands lying within the United States' In V.M. Tract 
Military Tract, which have been appropriated for the use of *"]^^ leased 
Schools, shall be let to lease for any term not exceeding fif- isyei-s.^ 
teen years, and that section number sixteen in all other parts 
of the state, (except such as have been heretofore leased by 
persons legally qualified to lease the same) and the sections 
that shall be located in lieu of such as have been sold or 
otherwise disposed of by the United States, so soon as they 
shall be selected by the secretary of the treasury, shall be 
let to lease for any term not exceeding seven yeai:8. 



1 74 LANDS FOR THE SUPPORT OP THE GOSPEL AND SCHOOLS. 

Improvementg Sec. 3. That on each tract of land coDsisting of one hun» 
require . ^^^^ ^^^ Sixty acres or more, there shall be required the 
following improvements, to wit: fifteen acres cleared and 
fenced in separate fields or parcels, one parcel or lot of which 
to consist of five acres, with all the timber and other wood 
cut and cleared off and sowed down in timothy or red clover 
seed, and another lot of three acres, cut and cleared in the 
same manner and planted with one hundred thrifty and 
growing apple-trees, and the remaining tract of seven acres 
Proviso. cleared and prepared for cultivation in the ordinary manner 
of improving arable land: Provided always^ That the person 
or persons to whom any of the said lands are leased, shall i e 
obliged to complete the said improvements on all' lands 
leased for fifteen years within the time of the first twelve 
years of the same, and on all lands leased for seven years 
within the time of the first five years of the said lease. 
Governor to ^^^* ^* That it shall be the duty of the governor, and he 
appoint agents is hereby required, to appoint suitable persons in the several 
counties or districts in the state, with full power and authc« 
rity to lease the several tracts of land within his county or 
district, conformably to the terms and provisions of this act: 
Provided ahrays^ That the agents or commissioners appointed 
io\iso. ^g aforesaid, shall not lease out any of the said lands in 

tracts less than one hundred and sixty acres, nor larger than 
three hundred and twenty acres, except in cases of fractional 
Proviso. sections: And provided also^ That it shall be the duty of said 

agents or commissioners, before they proceed to lease any of 
the said lands, to make application to the surveyor general 
for a list of such part or parts of the same as have been leased 
under the authority of the United States, in their respec- 
tive districts or counties. 
Compensa. Sec. 5. That each of the said agents shall be and is hereby 

^^^' entitled to receive for each lease, the sum of two dollars, to 

be paid by t!ie said lessees respectively. 
Agents' duty. Sec. 6. That it shall be the duty of the several agents, 
within sixty days after being notified of their appointments, 
to give notice in one or more newspapers printed or in circu- 
lation in the county, or by advertisement set up in three or 
more public places, expressing the terms for which the lands 
within his county or district are to be leased, and he shall 
mereover enter in a book to be by him provided and kept for 
that purpose, the name of each person that shall apply for a 
lease, designating at the same time, the number and part of 
the section or tract applied for, and the term of years for 
whicli the applicant proposes to make the improvements re- 
quired by the third section of this act, and in forty-two days 
after si|ch application, if no other person shall apply for the 
same and propose to take a lease on a shorter term, the said 
agent shall proceed to make out a duplicate lease to the said 
^rst applicant, one part of which shall be retained in the 



LANDS FOR THE SUPPORT OV THE GOSPEL AND SCHOOLS, 17^3 

bands of the agent, but if any succeeding applicant shall pro- 
pose to take the same for a shorter space of time, then and 
hi that case, the lease shall be made to the person proposing 
to take the same on the shortest term: Provided always, That 
if two or more persons shall apply at the same time and on 
the same terms for any one tract, then the said agent shall 
determine by lot, in their presence, the priority of claim: 
And provided also, That leases shall be given to persons living 
on the land, if such persons shall apply for the same, on as 
short term as anv other applicant, at any time within the for- 
tj^-two days, notwithstanding such person shall not be the 
first applicant. 

Sec 7. That it shall be the special duty of the said agent, Waste ana 
to inspect and enquire into any waste or trespass that may trespasss prd- 
be committed on any of the aforesaid lands, by cutting and * ^ ^^ * 
carrying away timber or stone, or any other damage that 
may be done to the same whether by persons residing thereon 
or others; and the said agent is hereby authorized and re- 
quired, where in his opinion any waste or trespass has been 
committed, to proceed against the person or persons commit- 
ting said waste or trespass, according to law: Provided «/- proviso. 
7vai/s, That no person residing on any of the said lands shall 
be hable to damages for cutting timber or removing stone for 
any necessary or useful improvement made on the Scime, 

Sec. 8. That actions for waste or trespass, shall be sus- Damages rc»^ 
tained by the agent and the damages recovered shall be one covered, hov 
half to the use of such agent, and the other half to be applied ^PP^^®^' 
to the same purposes as the nett proceeds of the land on which 
the damage was sustained, and the agent for those lands in 
the United States' Military Tract which are appropriated to 
the use of Schools in the county of Trumbull, shall receive 
such compensation for his services rendered in pursuance of 
the seventh section of this act, as the court of common pleas 
for said courty of Trumbull shall allow to be paid out of the 
county treasury. 

Sec 9. That section number twenty-nine, in the several Sec. 29, in 
townships within judge Symmes' patent, shall be let to lease %™™es' Pur* 
by the same persons, on the same terms and ui.der the regu- leased as Sec. 
iations and restrictions of the aforesaid sections number six- 16. 
teen. 



[Act of February 20, 1805, 3 v. L. O.p. 230. 

An act directing the mode of leasing section numbered sixteen. 

Sec. 1 . That the right to lease section numbered sixteen Section 16 ta 
and equally distribute the nett proceeds arising therefrom, is^o^g^j^y-Ju, 
nested in the trustees of the townships severally, in their tees, 



176 



tA^DS FOR THfi SUPPORT OP THE GOSPEL AND SCH00l'S> 



into lots. 



corporate capacity; and it is hereby made their duty, to seo 
that the same be duly and impartially applied to the educa- 
tion of youths within the particular surveyed township of 
sixteen miles square or fractional part of a township, within 
which the section numbered sixteen is situated, from which 
any such nett proceeds may arise, in such manner that all the 
citizens resident therein may be equal partakers of the bene- 
fits thereof, agreeably to the true intent of the donation. 
The sections Sec. 2. That the trustees shall, prior to their granting a 
to be laid off lease for section numbered sixteen aforesaid, proceed to view 
and lay off the same, in lots of not less than eighty nor more 
than two hundred acres, and shall also advertise the same to 
be leased, in four of the most pubjic places in the township, 
and also on the court-house door, at least thirty days before 
granting the lease, mentioning the time and place where 
applications %^ill be received and when they will meet to 
execute the lease; and the trustees shall grant leases to those 
who make the most advantageous proposals: Provided^ That 
no lease shall be granted for a longer time than fifteen years: 
Provided i^evertheless^ That nothing io this act shall be so con- 
strued as to prevent the trustees of any township from leasing 
any land heretofore leased, in tracts of the same quantity of 
acres, specified in their original leases. 

Sec. 3. That the trustees shall not lease more than one lot 
^°* * tharfone ^^ ^^'^ ^^^ person, and the lessee shall be bound not to waste 
lot to same or destroy the timber or sugar camps thereon, „ and to make 
person. such improvements as the trustees may think proper. 

^, , Sec 4. That so soon as any lease heretofore legally given 

expired, land ^or section numbered sixteen, is expired, the trustees of the 
be again township shall proceed to view, lay off, advertise and lease 
the same, as herein before directed. 

Sec. 5. That so much of the "Act for leasing certain lands 
therein named," as respects the leasing section numbered 
sixteen, passed April fifteenth, one thousand eight hundred 
and three, is hereby repealed. 

This act shall take effect and be in force, from and afte^' 
the first day of June next. 



Proviso. 



Proviso. 



mav 
leased. 



Act repealed 
in part. 



Bffect. 



[Act of January 22, 1806, 4 -v, L. O. p. 33.] 



An act for leasing section number twenty-nine, granted for Religious pur 

poses. 

lease sec. 29 ^^c. 1. That the trustees appointed by an act incorporat- 
inO. C's. & ing the oriji^irnl surveyed townships, be and the same are 
J. Cleves hereby authorized to lea«e cut section number twenty-nine, 
^^^"^o/gg"''" granted for Reliirious purposes within the Ohio Company's 
years, &c. Purchase, and in John Cleves Symmes' patent, (except the 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. ,177 

county of Washington) for the term of ninety-nine years, re- 
newahle forever; to he valued by three men of good repute, 
to be chosen by the trustees previous to their giving a lease: 
Provided^ None of said land ta be valued at less than one 
dollar per acre, subject to a revaluation, every fifteen years ^^°^'^^*^- 
without taking into view the improvements made thereon by 
anv lessee after the first valuation: Provided^ That no land 
within the district of John Cleves Symmes' patent shall be 
valued for less than two dollars per acre. 

Sec. 2. That said trustees shall employ a surveyor to as- Trustees to 
sist them, who shall proceed to lay off said section into lots employ a sur- 
of not less than eighty nor more than two hundred acres •/^^°^* 
said trustees shall, after giving thirty days notice by adver- 
tisement in three of i\\e most public places in the township, 
proceed to lease said land to the best advantage for the 
citizens: Provided, That no lot be leased for less than six^^°^^^°* 
per cent, on its valuation, nor more than one lot to any one 
person. 

Sec. 3. That each regular religious society and their ad- Agents of re- 
herents, after giving themselves a name, shall appoint an Hgious socie- 
agent, who shall forward a certificate to the trustees con- J^^^^P .^^ J 
taining a list of their names, and numbers, specifying that 
they are citizens of said township, and the trustees shall pay 
over to said agent, an equal dividend of the rent (according 
to their numbers) within three months after it is received, to 
be appropriated to the support of religion, at the direction 
of each societv, and the trustees shall each receive a sum not 
exceeding one dollar per day for the time they may be ne- 
cessarilv employed in doing the business of the above men- 
tioned section, and they shall allow the surveyor a sum not 
exceeding one dollar and fifty cents per day for laying off 
said section into lots, to be paid out of the funds of said dona- 
tion. 

Sec. 4. That the trustees, agents or commissioners ap- One set of 
pointed to lease section number twenty-nine, granted for trustees to de- 
Religious purposes, within the Ohio Company's Purchase and ^^.^^I ^another 
in John Cleves Symmes' patent, shall give over all books and 
papers relating to (and pay rver all nett proceeds of rents 
arising from) the leasing of section number twentv-nine, ex- 
cept as above excepted, to the trustees appointed by an act 
incorporating the original surveyed townships, or their suc- 
cessors in office, who shall receive the same, and collect all 
rents due thereon and see that the leases are complied with. 

Sec 5. That so much of an act, entitled "An act to pro- 
vide for the leasing of certain lands therein named, passed 
the fifteenth day of April, eighteen hundred and three, as Par* of act re* 
relates to number twenty-nine in John Cleves Symmes' pa- P^^ ^ 
lent, as is contrary to the provisions of this act is hereby 
repealed. 

Y 



\ 78' LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 

This act shall take effect and be in force from and atter 
the passage thereof. 



(Act of December 20, 1806, 5 v. L, O. p, 50.] 

An act supplementary to the act, entitled, "An act for leasing section 
number twenty-nine, granted for Religious purposes." 

Trustees may ^^^' ^ * That wherever any fractional township, in John 
elect officers. Cleves Sjmmes' patent or in the Ohio Companys' Purchase, 
excepting in the county of Washington, may contain a sec- 
tion or fractional part of a section numbered twenty-nine^ 
and does not contain section number sixteen, and it is 
made to appear to the satisfaction of the commissioners of 
the proper county, where such section or fractional part of 
a section is situated, that there are twenty electors inhabit- 
ing such fractional part of a township, they shall direct an 
election, specifying the time and place where it shall be held, 
to elect three trustees and one treasurer; such election shall 
be conducted in all respects agreeably to the rules and regu- 
lations pointed out in the second section of an act, entitled, 
j^ ^ "An act to incorporate the original surveyed townships." 

ed. ^ Sec. 2. That the trustees and treasurer so chosen, shall 

be governed in all respects by the act, entitled "An act for 
leasing section number twenty-nine, granted for Religious 
purposes." 



yict of February 6, 1810, 8 r. L. O, p. 100.] 

An act to incorporate the original surveyed townships. 

Electors may Sec. 1. That so soon as there are twenty electors in any 
meetand elect original surveyed township of five or six miles square, or frac- 
o cers. tional township in this state, wherein there are either the 

reserved section, number sixteen, granted by Congress for 
the use of Schools, or section number twenty-nine, granted 
for Religious purposes, they are hereby authorized, under the 
provisions hereafter provided, to elect three trustees and one 
treasurer, for the purpose of taking into their care the sec- 
tions above described, who shall be a body politic and corpo- 
Body corpo- rate, capable of suing and being sued, pleading and being 
•^^*®' impleaded. 

Elections how ^^* ^' That when the inhabitants of any surveyed or frac- 
ccftducted. tional township, shall make it appear to the satisfaction of the 
commissioners of the county, that there are twenty electors in- 
habiting such township, the commissioners shall cause writ- 
ten notice to be set up in three of the most public places in 
the township, requiring an election to be held therein, for the 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS* ITO 

purpose of electing three trustees and one treasurer, to per- 
form all the duties pointed out by this act, giving fifteen days 
notice of the time and place of holding such election, which 
shall be held as near the centre of the township as circuni- 
stanccs will admit of; and the election shall be conducted 
conformably to the provisions of the act, entitled ^'An act for 
the incorporation of townships." And the trustees and trea- 
surer shall each of them, take an oath or affirmation before 
any justice of the peace, to discharge with fidelity, the duties 
of their respective offices; and when thus organized, the 
trustees shall appoint a clerk, who may or may not be one 
of their own body ; and said clerk shall, after being duly sworn 
to discharge with fidelity the duties of his office, keep a fair 
and accurate record of the proceedings of the board in a 
book provided for that purpose. 

Sec. 3. Thattxhe trustees and treasurer shall hold their of- Term^^^^^^^^^^ 
fices three years, and until their successors are chosen and ^^^g^^gs^ 
qualified ; and the trustees of each of the surveyed townships, 
or fractional townships, at least fifteen days previous to each 
triennial election, shall notiiy the electors of their repective 
townships, of the time and place of holding each succeeding 
election; but in case the trustees refuse or neglect to give 
such notice, it shall then become the duty of any elector in- 
habiting such township, at any time thereafter, to advertise 
an election therein, for the purposes aforesaid; which notice 
shall be given in the same manner, and the election conducted 
under the same regulations as are pomted out in the preced- 
ing section of this act. 

Sec. 4. That when any vacancy shall happen in the office Vacancies 
of trustee or treasurer, the trustees shall fill such vacancy, ^^^"^ fi^^^^- 
and the person thus chosen, shall continue in office until the 
next triennial election, and until their successors are chosen 
and qualified. 

Sec. 5. That the trustees (whenever either of the reserv- To divide sec 
ed sections, sixteen or twenty-nine, may require to be divided *i^"^*^*^ *^*^' 
into lots) shall employ a surveyor to assist them, who shall 
proceed to lay out such section in lots of not less than eighty, 
nor more than two hundred acres; and the trustees shall pro- 
ceed to lease out section number sixteen, granted by the Con- rp^ ^^^ 
gross of the United States, for the use of Schools, (except all leases, 
such sections as are or may be provided for, by any special 
act) after giving at least thirty days previous notice, by adver- 
tisement set up in four of the most public places in the town- 
ship, and on the court-house door, mentioning the time and Notice to be 
place where proposals will be received, and when they will given, 
meet to execute the lease, always giving a preference to those, 

who, in their opinion, make the most advantageous proposals ; „ , ^ 
, 1 .J .,i5 • • 1 u 11 T- 'Rents how 

to be paid either in money or grain ; no lease shall be grant- ^^^^^ 

ed for a longer time than fifteen years ; and the trustees now 

in office, so soon as their time expires, are hereby required to 



180 LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 

give over the books and papers in their possession, to their 
successors in office, as far as it respects section number six- 
teen. 
Dutyoftras- ^^^* ^* That the trustees shall not lease more than one 
tees. lot to any one person ; and the lessee shall be bound not to 

waste or destroy the sugar trees or other timber, further than 
is necessary for improving thereon, and to ma.ke such im- 
provements as the trustees may think proper; and the trus- 
tees shall examine the premises and see that they are left in 
good repair, and that the lease has been punctually complied 
with, and shall then proceed again to give leases, on the plan 
pointed out by the fifth section of this act, always giving a 
Proviso. preference to the original lessee: Provided, he shall have 

complied with his former lease. 
Rents how ap- Sec. 7. That the trustees of each surveyed township, or 
plied. fra-ctional township aforesaid, shall apply the rents and profits 

arising from section number sixteen, to the special purpose 
for^vhich it was intended ; which rents, if paid in money, shall 
be collected by the treasurer, who shall not pay out any 
money so received, but upon the order of the trustees; and 
the treasurer shall keep a book, with fair and accurate entries 
of all monies received, together with a list of disbursements, 
and carefully file the vouchers relating thereto; which books 
and papers shall, at all times, be subject to the inspection of 
the trustees ; but if the rents or profits arising, shall be paid 
in produce, it shall be deposited in such place, or disposed of 
in such manner by the trustees, as shall, in their opinion, be 
best calculated to promote the interest of the institution. 
Townships^ Sec. 8. That the trustees are hereby authorized, so soon 
ouUnto di^3- ^^ ^^^J think it necessary, to lay off their township into con- 
tricts. venient districts, and the same to alter or change, from time 

to time, as the interest of the citizens may require, for the 
purpose of establishing Schools therein ; and each School thus 
established in the township, shall be entitled to receive an 
equitable dividend of the profits arising from their reserved 
section, according to the number of scholars, and in proportion 
to the time they have been taught therein. 
When county ^^^' ^* That every surveyed township or fractional town- 
line divides ship aforesaid, in this state, that has a county line running 
section, how through the same, shall be considered, as it respects sections 
D procee . number sixteen and twenty-nine, in the same situation as 
though no such interference had taken place; and any suitor 
action, that may take place between the trustees in their cor- 
porate capacity, and individuals or bodies corporate, such 
action or suit shall be tried and determined in the county 
where the reserved section lies; and the officer appointed to 
serve process in such case, shall have full power to go any 
wlicrc throughout the township, in execution of his official 
duty, in the same manner, as though no such divi:rion line 
had ever existed. 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 181 

Sec. 10. That the surveyor is entitled to receive one Officers' fees. 
dollar and fifty cents per day ; and the trustees shall each 
receive seventy-five cents per day, for each day, they may be 
necessarily employed in the duties of their respective of- 
fices; and the treasurer and clerk shall receive such compen- 
sation, as the trustees may think proper, to be paid out of 
ihe funds of the institution. 

Sec. 11. That the trustees shall lease out section or frac- Section 29 in 
tional section, number twenty-nine, granted by the Congress ^i^.'^""'^^^ ^e ^^ 
of the United States for Religious purposes, withm the Ohio leased. 
Company's and John Cleves Symmes' Purchase, (except all 
such sections, as are or may be provided for by any special 
act) for the term of ninety-nine years, renewable forever, to 
be valued by three men of good repute, to be chosen by the 
trustees, previous to their giving leases: Pi'ovided, None of 
said lands be valued at less than two dollars per acre, subject 
to a revaluation every fifteen years, without taking into 
view the improvements made thereon, except at the first 
valuation. 

Sec. 12. That said trustees shall, after giving thirty days Notice to be 
notice, by advertisement set up in three of the most public S^^'^"' 
places in the township, proceed to lease said lands to the best 
advantage for the citizens; Provided^ No lot be leased for 
less than six per cent, per annum, on its valuation, nor more 
than one lot, to an}^ one person. 

Sec 13. That the rent arising from the reserved sections Rents to be 
and fractional sections, number sixteen and twenty-nine, shall P^^^^ *o*^^^" 
be paid by the lessee or lessees, to the treasurer, as they may ^"^^^' 
become due ; and on failure of the payment, or for non-com- 
pliance with the conditions of the lease, the treasurer shall, 
when so directed by the trustees, bring a suit, in the name of 
the trustees, before any court having competent j urisdiction, ^^^^^ ^° ^^ " 
and on final process, if no goods and chattels can be found, 
whereby distress can be made, or if mesne process cannot be 
served, upon return of the same, the trustees are thereupon 
luthorized to re-enter upon the land of the delinquent or de- 
linquents, and sell, at public vendue, his or their right and 
title in the said lease or leases, to satisfy such rent, damages 
and costs; in which case the trustees shall give twenty days 
j)revious notice of the time and place, where the said lease or 
leases will be sold, by advertising the same in three public 
places in the county, suljecting the purchaser or purchasers 
to the conditions contained in the lease or leases of the delin- 
quent or delinquents; and in case the said lease or leases shall 
-ell for more than the rent, damages and costs, the surplus 
shall be paid over to the delinquent or delinquents. 

Sec. 14. That each and every denomination of Religious Agents oleach 
societies and their adherents, after giving themselves a name, society to re- 
shall appoint an agent, who shall forv.^ard a certificate to the ^^'^^ ^^^^' 
trustees, containing a list of their names and numbers, speci- 



iS'2 LANDS FOR THE SUPPORT OP THE GOaPEL AND SOHOOLs^ 

tying that they are citizens of said township, and the trustees 
shall pay over to the agent, an equal dividend of the rent, 
(accordhig to their numhers) within three months after it is 
received, to be appropriated to the support of Religion, at 
the discretion of each society. 
Trusters to Sec. 1 5. That the trustees shall give over all books and 

deliver Dooks papers, relating to any of the reserved sections, sixteen or 

&c. tosucces-*^ J • ^ j-i / 1. 11 11 

sors. twenty-nme, ana the treasurer shall pay over all money re- 

maining in his hands, to their successors in office, and the 
trustees are required to see that the leases are complied 
with. 

When sec. 16 Sec. 16. That in all cases where section number sixteen 
has been dis- lying within any township or fractional township, has been 
fo^proceedt*^^^ disposed of by Congress, and any section given in lieu thereof, 
whether within or without such township, the electors lesid- 
ing within the township, for which said election is given, are 
hereby authorized to elect three trustees and one treasurer, 
agreeable to the provisions of the second section of this act ; 
and the trustees so elected, are hereby authorized and re- 
quired to lease such section, and apply the avails thereof, 
within the township for which it is given; and to proceed in 
all respects, in conformity to the provisions of this act, for 
leasing section number sixteen. 
Donations for Sec. 17. That any lands, other than those before men- 
schools to be tioned in this act, given by any private individual or indivi- 
leasedmsame^^jjlg to anv legal or surveyed township, for the use of 
scnools or religious purposes, may be leased under the pro- 
visions, regulations and restrictions of this act: Provided al- 
zvays, That when any gift or grant is made to any particular 
society or denomination, it shall be applied and appropri- 
ated, according to the intent and meaning of the donor o>- 
donors. 
When there Sec. 1 8. That whenever sections, number sixteen or twen- 
are not 20 ty-nine, shall lie in a surveyed township as aforesaid, in 
to proce'ed. which there shall not be twenty electors, then the trustees 
of the township in which such surveyed township shall lie, 
may lease the said sections, number sixteen and twenty-nine, 
and secure the rents arising therefrom, for the use of the in- 
habitants of said surveyed township, agreeable to the pro- 
visions of this act. 
Actsropealed. Sec. 19. That the act, entitled "An act to incorporate the 
original surveyed townships," passed January second, eigh- 
teen hundred and six, and the act, entitled "An act for leasing 
section number twenty-nine, granted for Religious purposes," 
passed January twenty-second, eighteen hundred and six, 
and the act, entitled "An act supplementary to the act, en- 
titled "An act for leasing section number twenty-nine, grant- 
ed for Religious purposes," passed December the twentieth, 
eighteen hundred and six, are hereby repealed* 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS'. 1B3 

This act shall he in force, from and after the first day of Effect. 
Mav next. 



[Act of February/ 4, 1813, 11 v, L. O, p, 61.] 

^4.n act to enable tlie trustee? of the original surveyed townsliip, number six, 
in the third range of t3\vnships, in Belmont county, to make a perma- 
nent lca?e for part of the School land in said township. 

Whereas it lias heen represented to this General Assembly, Preamble. 
by the inhabitants of the original surveyed township, 
number six, in the third range of townships, in Belmont 
county, that the School section number sixteen, in said 
township^ is situate upon Wheeling creek and affords 
great advantages for water works j and whereas it is 
further represented to this General Assembly, by the 
inhabitants of said township, that Samuel Sharpless, 
John Kinsey and George Sharpless have erected a 
Carding Machine, upon part of said section, and wish to 
erect a Falling Mill and other machinery for the manu- 
facture of Woollen cloth ; and whereas the inhabitants of 
said township have presented a petition to this General 
Assembly praying that a law may be passed, to enable 
the trustees of the said original surveyed township, to 
make to the said Samuel Sharpless, John Kinsey and 
George Sharpless, a permanent lease, for a part of said 
section, upon such conditions, and reserving such rents 
as shall be thought just and reasonable: Therefore, 
Sec. 1. That the trustees of the original surveyed to vrn- Lease may b?» 
ship, number six, in the third range of townships, in Belmont S'"^"^^^- 
county, be, and they are hereby authorized to make to Sam- 
uel Sharpless, John Kinsey and George Sharpless, their heirs 
and assigns, a lease for ninety-nine years, for two hundred and 
four acres of land, bemg a part of the School section number ^"^^*^^y ^^ 
sixteen in said township, beginning at the southwest corner 
of said section, and running thence north with the section 
line seventy poles to a stake- thence north sixty-three and 
three-fourths degrees east one hundred and twenty poles to 
a stake ; thence north forty degrees east ore hundred and 
twenty-four poles over the creek to a stake; thence south 
lifty degrees east seventy-four and one-fourth poles to a mul- 
berry tree: thence south six and three-fourths degrees east 
ninetv and a hah^ poles to a stake: thence south eij^hteen and 
one-lourth degrees west twenty- two poles to a white oak; 
thence south forty-tv/o degrees west sixty-eight poles to a 
stake; thence west with the section line one hundred and 
ninety-eight poles to the baginnine-; upon the conditions and 
reserving the rents herein after provided. 



184 



LANDS FOR TH£ SUPPORT OF THE GOSPEL AND SCHOOLS. 



Appraisers to 
be appointed. 



Condition of 
lease. 



Revaluation 
to be made. 



Conditions 
which, if not 
fulfilled, an- 
nul this act. 



What negli- 
gence will 
work a for- 
feiture of 
lease. 



Sec. 2. That before any lease shall be executed, the said 
trustees shall apply to the commissioners of Belmont county, 
who, upon such application, shall appoint three disinterested 
freeholders of Belmont county, not inhabitants of said ori- 
ginal surveyed township, who shall, under oath or affirmation, 
affix a valuation upon said two hundred and four acres of 
land, and make report of such valuation in writing under 
their hands to the said trustees, and the rents reserved in 
said lease, shall be equal to six per centum per annum, upon 
said valuation and no more; and such lease shall also contain 
covenants on the part of the lessees to make all'the improve- 
ments now required by law, to be made by lessees of School 
lai^d, and not-to commit or suifer to be committed any waste, 
and to deliver up the premises at the expiration of the lease 
in good order and ail the buildings thereon in good repair. 

Sec. 3. That the lease so to be executed shall contain a 
provision, that at the end of every thirty-three years, from 
the execution thereof, there shall be a revaluation of the 
premises aforesaid, made by three freeholders of the county 
of Belmont, not inhabitants of said original surveyed town- 
ship, to be appointed by the commissioners of the county, 
upon the applica.tion of the trustees or the lessees then in 
possession, agreeable to the rates of unimproved land of the 
same quality and possessing similar advantages in the same 
neighborhood 5 and from and after every such valuation 
the rents, for the thirty-three years next ensumg, shall be six 
per centum per annum, upon such valuation, and shall be so 
endorsed upon said lease, and shall be sued for and recov- 
ered in the same manner as the rents reserved in the original 
lease. 

Sec. 4. That if the said Samuel Sharpless, John Kinsey 
and George Sharpless their heirs or assigns shall not, within 
one year from the passage of this act, surrender up to the 
trustees, who are hereby authorized to accept the same, the 
lease under wliich they now hold the aforementioned two 
hundred and four acres of land, and accept, and on their 
part execute a lease, in pursuance of the provisions herein 
contained, then this act shall cease and be of no effect; and 
if the said Samuel Sharpless, John Kinsey and George 
Sharpless, their heirs or assigns, shall not, within four years 
next ensuing the date of the lease so to be executed, erect 
and complete on said premises, a good Fulling Mill, then 
the said lease shall become void and of no effect, and all the 
powers herein granted shall cease and determine. 

Sec 5. That if at any time the said Samuel Sharpless, 
John Kinsey and George Sharpless, their heirs or assigns, 
shall omit or neglect, for the space of four years, to keep a 
good Fulling Mill in repair upon said premises, their estate 
in said premises shall be forfeited, and the trustees of the 
said original surveyed township shall dispose of the same as 



LANDS TOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 18^ 

though tliis act and the estate created under it had never 
been nnade. 

Sec. 6. That the rents to be reserved upon said lease Rcntshow 
shall be collected and recovered by suit or distress, in thecoiiected. 
same manner as rents in otlier cases shall be recoverable, at 
the time the said rents shall become due. 



[Act ofFehruarij 11, 1814, 12 r. L. O. p. 174.] 

An act to enable the trustees of the original surveyed township, number 
three, in the eighth range, in the county of Washington, and the trustees 
of the original surveyed township number six, in rati'.e fourteen, in Gal- 
lia county, to grant pennanent leases of the School sections in said town- 
ships. 

Sec. 1. That the trustees of the original surveyed town- Appraisers to 
ship, number three, in the eighth range, in Washington coun- ^^^"^ ^^\^ ^"^^ 
ty^ are hereby empowered to appoint three disinterested 
freeliolders, who are not inhabitants of said township, whose 
duty it shall be to meet on said section, on a day appointed 
by said trustees, and after having taken an oath before some 
justice of the peace for the faithful performance of their 
duty, shall proceed to appraise and value any lots that now 
are, or that may hereafter be laid off, taking into view the 
improvements thereon (the buildings excepted) and make 
return thereof to the trustees witiiin five days after such valu- 
ation shall have been completed. And the said trustees shall 
lease said lots to such persons as may apply, for the term ofj^J^^^^f^^^gj^'tei 
ninety-nine years, subject to an annual rent of six per cent, on valuation, 
the valuation, and subject also to a revaluation at the expira- 
tion of every term of thirty-three years, chargeable with the 
same per centage on each succeeding valuation: Provided -pfQ^izo, 
nevertheless^ That the present lessees shall in all cases have 
the preference, where they shall have complied with the 
conditions of their respective leases, any law to the contrary 
liotwithstanding: And provided also^ That nothing in this act Pro-viso. 
contained, shall be so construed as to require any of the pre- 
sent lessees against his, her or their full and free assent, to 
give up or relinquish any right, interest or estate, which such 
lessee or lessees may have in or to any part of said section, 
by virtue of any lease or leases which may have been granted 
previous to the taking effect of this act. 

Sec. 2. That the said trustees are hereby authorized and'^^'^^^^^*^'^' 
empowered to remove, by due course of law, all persons ^^"^^ tenants, 
occupying said lands, in case such persons refuse or neglect 
to take such leases within three months after the expiration 
of their present leases ; and if the said lessees refuse or neg- 
lect to pay the aforesaid per centage or rent yearly and every 
year to the treasurer of said township, it shall be the duty of 



LANDS FOR tHE SUPPORT OF THE GOSPEL AND SCHOOLS* 



Payment of the trustees to sue for, and recover such rent out of the 

rents how on- goods and chattels of the dehnquents, together with damage 

and costs of suit; and if no goods and chattels can be found, 

the trustees are hereby empowered to re-enter upon the land^ 

and the improvement shall be sold at public vendue to satisfy 

such rent and costs; and in case the improvements should sell 

for more than the rent and costs, or there be only a part sold, 

the overplus, if in money, shall be paid over; and if in lands. 

shall again be leased to the delinquent. 

Authority o-iv- ^Ec. 3* That the trustees of the original surveyed town- 

en to trustees ship, number six, in range fourteen, Galia county, shall have 

mGalha the same power and authority as to section number sixteen^ 

in the townsliip last mentioned, and may grant leases for the 

same, in the same manner and for the same time, subject to 

the same conditions, restrictions, revaluations and provisions 

as is herein enacted and provided, with regard to section 

number eight, in township number three, in the eighth 

range, in the county of Washington. 



comity. 



[Jet of January 30, 1815, 13 t;. L, O. p, 106*J 

An act to enable the trustees of the original surveyed township number six, 
range number ten, in Champaign county, to make a permanent lease fof 
part of the School land in the said township. 

l^reamble. Whereas it has been represented to this General Assembly, 
by the inhabitants of the original surveyed township, 
number six, in the tenth range, in the county of Cham- 
paign, that the fractional School section, number sixteen, 
in said township, is situate on the east branch of Buck 
creek, and affords the advantage of a mill seat, and that 
George Dawson is in the possession of part of a fifteen 
years lease, held by his father, Henry Dawson, on the 
aforesaid fractional School section, and that the said 
George has built a saw-mill, and wishes to erect a grist- 
Inill, on part of said tract of School land; and whereas 
the inhabitants of said township have presented a peti- 
tion to this General Assembly, praying that a law may 
be passed to enable the trustees of the said original sur- 
veyed township, to make to the said George Dawson, a 
permanent lease for a part of said section, upon such con- 
ditions and reserving such rents as shall be thought just 
and reasonable: Therefore, 
Lease to be Sec. 1. That the trustees of the original surveyed township 
granted for number SIX, in the tenth range, in the county of Champaign, 
foG il'^^^on'^^''"^*^ ^^^^^ ^*'^ hereby authorized to make"^to George Da w- 
' ' ' son, his heirs or assigns, a lease for ninety-nine years, for for- 
ty acres and two-tenths of an acre, being a part of the frac- 
tioaai School section, number sixteen, in said township: be- 



"LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 



187 



ginning at the southwest corner of fractional section, nunnberBoundarlejs. 
sixteen; thence east with the section line two hundred and 
twelve poles to the military line; thence with said military 
hne north twenty west, crossing the east branch of Buck 
creek, twenty-two poles to a stake ; thence down said creek, 
with its meanders, west fifty-six poles ; thence north seventy- 
two west, thirty-five poles; thence north eighty-four west, 
thirty-two poles; thence north four poles; thence north sixty- 
eight west, thirty-four poles; thence south forty-four west, 
fourteen poles; thence south eighty-two west, forty poles to 
the section line; thence with said line south, crossing the east 
branch of Back creek again, thirty-five poles to the place of 
beginning, upon the conditions and reserving the rents here- 
in after provided. 

Src. 2. That before any lease shall be executed, the saidLandtobe 
trustees shall apply to the commissioners of Champaign coun-^^^^^^' 
ty, who upon such application, shall appoint three disinterest- 
ed freeholders of said county, not inhahitants of said original 
surveyed township, who shall, under oath or affirmation, affix 
a valuation upon said forty acres and two-tenths of an acre of 
land, and make report of such valuation, in writing under 
their hands, to the said trustees, and the rents reserved in 
said lease, shall be equal to six per centum per annum upon ^ ,., . ^ 
said valuation, and no more; and such lease shall, also, con- lease, 
tain covenants on the part of the lessee, not to commit un- 
necessary waste, and to deliver up the premises at the expi- 
ration of the lease in good order, and all the buildings there- 
on in good repair. 

Sec. 3. That the lease so to be executed, shall contain a j^g^^j^^^-^^ 
provision, that at the end of every thirty-three years from the when to bie 
execution thereof, there shall be a revaluation of the premi-^ade. 
ses aforesaid, made by three freeholders of Champaign coun- 
ty, not inhabitants of said original surveyed township, to be 
appointed by the commissioners of the county, upon the ap- 
plication of the trustees or the lessee then in possession of the 
premises, agreeable to the rates of unimproved land of the 
same quality, and possessing similar advantages, in the same 
neighborhood ; and from and after every such valuation, the 
rents for the thirty-three years next ensuing, shall be six per 
centum per annum upon such valuation, which shall be so en- 
dorsed upon said lease, and shall be sued for and recovered 
in the same manner as the rents are in cases of other reserv- 
ed School lands. 

Sec. 4. That if the said George Dawson, his heirs or as- Upon what 
signs, shall not within one year from the passage of this act, conditions thp 
accept of, and execute on his or their part, a lease in pursu-^Qjjj^ 
ance of the provisions herein contained, then this act shall 
cease and be of no effect ; and if the said George Dawson, his 
heirs or assigns, shall not within five years next ensuing the 
date of the lease m to be executed, erect and complete on 



138 



L.iKDS rOR THE SUPPORT OF THE GOSPEL AND SCHOOLS* 



said premises, a good grist-mill, then the said lease shall be? 
come void and of no effect; and all the powers herein granted 
shall cease and determine. 
Lease may be ^^^* ^' That if at any time the said George Dawson, his 
forfeited. heirs or assigns, shall omit or neglect for the space of three 
years, to keep a good grist-mill and saw-mill in repair, upon 
said premises, his or their estate in said premises, shall he 
forfeited; and the trustees of the said original surveyed townr 
ship, shall dispose of the same as though this act, and the es- 
tate created under it, had never been made. 



be elected. 



[Act of February 16, 1815, 13r. L. O. p, 288.] 

Au act to enable tbe inbabitants of the third township of the seventh range, 
in the county of Washington, to grant permanent leases for School sec- 
tion number sixteen. 

Trustees may Sec. 1, That the inhabitants of the third township, in the 
seventh range, in the county of Washington, are hereby au- 
thorized to meet on the first Monday of May next, at the 
house of Samuel Dye, esquire, of said township, then and 
there between the hours of ten o'clock, A. M. and four 
o'clock, P. M. to elect three trustees, a clerk and treasurer, 
which election shall be conducted as near as circumstances 
will admit, in the same manner in which township officers are 
elected, which trustees, clerk and treasurer, shall remain in 
office one year, and until others are elected and qualified; 
and forever afterwards the election of the said officers shall 
be held on the first Monday of May, annually, conducted as 
directed in this section. 

Sec. 2. That the said trustees, clerk and treasurer, and 
their successors in office, shall be a body politic and corpo- 
rate, capable of suing and being sued, pleading ard being 
impleaded, and shall have all rights and privileges necessary 
for the purposes of their institution, and to conduct all mat- 
ters and things appertaining to the management of School 
section number sixteen, in said township. 

Sec. 3. That the said trustees, after being duly sworn to 
discharge with fidelity, the duties of their appointment, shall 
proceed, within ten days after their election, to select three 
disinterested freeholders, who shall not be inhabitants of said 
township, whose duty it shall be to meet on said School sec- 
tion, on a day to be appointed by said trustees, and taking to 
their assistance a skilful surveyor, proceed to lay off said sec- 
tion into lots of not less than forty, nor more than one hun- 
dred and sixty acres, a plat of which survey shall be left with 
the clerk; and the said freeholders shall appraise each lot so 
laid off, as near as may be in their opinion to its just value, 
5ind make return of such survey and valuation within ten 



Trustees in- 
corporated. 



Trustees' 
duty. 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. l^^ 

(lays after such survey and valuation shall have so been made ; 
and the said trustees shall lease said lots to such as may ia-st 
apply, for the term of ninety-nine years, renewable forever^ 
subject to a revaluation every thirty-three years; for which 
the said lessees, shall pav a rent of six per cent, per annum, 
on each valuation: Prozided however, That the buildings and 
improvements shall not be taken into any such revaluation. 

Sec. 4. That if the said lessees or any of them shall neg- Rents, how re-, 
lect or refuse to pay the above named per centage or rent, covered, 
yearly and every year, to the treasurer of said township, it 
shall be the duty of said trustees to sue for and recover such 
rent, out of the goods and chattels of the delinquent, toge- • 
ther with damages and costs of suit; but if no goods and 
chattels are to be found, the said trustees are hereby empow- 
ered to re-enter upon such lot: and on giving thirty days 
notice in three of the most public places in said township, 
to sell the improvements, if any there be, to the highest bid- 
der, at public vendue; and if the improvements shall sell for 
more than the rent due, together with damages and costs^ 
the overplus shall be paid over to the delinquent, and if no 
improvements are made, the land shall be leased to another. 

Sec. 5. That the treasurer shall give bond, with security ^^l^^^^"""^ 
in such sum as the trustees may direct, conditioned for the 
faithful paying over all monies collected, or by him received 
for the use of said township ; and the said trustees shall ap- 
portion the nett proceeds of said School section, equally 
among the different School districts in said township (if more 
than one) in proportion to their numbers. 

Sec. 6. That the said trustees for the time being are here- Trespassers 
by authorized and empowered to remove, by due course of "'^y ^^ ^^^^-f 
law, any or all persons settling on said School section without ^* 
complving with the conditions of this act, and to prosecute 
for and recover damages of any person or persons trespass- 
ing by cutting timber or otherwise injuring said School sec* 
tion. 

This act to take effect and be in force from and after the 
first day of April next. 



[Act of January 14, 1808, 6 v. L, O.p. 10.] 
An act for the benefit of Horns Parsons and John Sweat, 

Whereas Horris Parsons and John Sweat, are desirous to Preamble 
build a mill on section number sixteen, in the tenth 
township and fourteenth range, in the Ohio Company's 
Purchase: Therefore, 
Sec. 1 . That the commissioners of the county of Athens, 

are hereby authorized and required, to examine and view the 



190 



liANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS* 



ty may lay off 
a lot. 



Ma}' make a 
lease. 



Comm'rs. of northeast corner of section number sixteen, in the tenth town- 
K^^av^?v^"ff^^^P ^^^d fourteenth range of the Ohio Company's Purchase, 
and the same to appraise at its present, real value (consider- 
ing the same in an uncultivated state) and lay, or cause to be 
laid off, eighty acres, at the aforesaid northeast corner.of the 
above described section, in a convenient form, so as to include 
tiie mill seat, now occupied by said Parsons and Sweat. 

Sec. 2. That the said commissioners are hereby authorized 
and required, after appraising and surveving said land, to 
lease it to Horris Parsons and John Sweat, their heirs and 
assigns, for the term of fifteen years, renewable forever: the 
said Horris Parsons and John Sweat, their heirs, or assigns. 
paying therefor, yearly and every year, interest at six pei 
centum, on the appraised valuation; the proceeds of which 
are to be applied in the manner pointed out by the act, en- 
entitled "An act incorporating the original surveyed town- 
ships," passed January 2d, 1806: Provided hoicever, That the 
above described tract of. land shall be subject to a revalua* 
tion, at the end of every fifteen years, by the said commis- 
sioners, or their successors in office, (not taking into consi- 
deration the mills and buildings) and the lease renewable at 
the rate of six per centum per annum, at every subsequent 
appraisal: And provided also^ That the said Horris Parsons 
and John Sweat, their heirs or assigns, shall defray the ex- 
penses of carrying the provisions of this act into effect. 
This act to be in force from and after the passage thereof. 



Praviso. 



Proviso. 



Effect 



[Act of February 20, 1808, 6 v, L. O, p. 151.] 
An act for the benefit of Henry Barrows. 



Authorized to 
build a mill 
dam on sec. 
16. 



Proviso. 



-Comm'rs. of 
Athens co. 
may lay off 
lot. 



Sec, 1. That Henry Barrows, his heirs and asssigns, are 
hereby authorized and empowered to build a mill-dam across 
part of Hockhocking river, on section number sixteen, in the 
thirteenth range, and fifth township, in the Ohio Company's 
Purchase, opposite a small island in Hockhocking river, and 
lying in said section number sixteen, which said dam and mill 
afterwards to be erected, is hereby vested in the said Henry 
Barrows, his heirs, and assigns: Provided, That the said Hen- 
ry Barrows, obtain the permission of the person to whom the 
same may be leased. 

Sec. 2. That the commissioners of the county of Athens^ 
are hereby authorized and directed to survey, or cause to be 
surveyed, and laid off to the said Henry Barrows, five acres 
of land so as to include said mill seat, and the same to ap- 
praise at its present value, and lease the saine to the said 
Henry Barrows, on an annual rent of six per centum per an- 
num, on the appraised valuation, for the term of ninety-nin^ 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 191 

years, renewable forever, subject to a revaluation at the ex- 
piration of every ten years, by the said comnnissioners, or their 
successors in office, without taking into view the mill and 
buildings thereon situated; and the rent shall be paid to the 
treasurer appointed, for tliat purpose, in pursuance of an act, 
entitled "An act to incorporate the original surveyed town- 
ships," passed 2d January, 1 806, and to be ajj^plied as is there- 
in specified. 

Sec. 3. That the said Henry Barrows, shall not in the Navigation 
least obstruct the navigation ojf said river, on the oppo- "*^* ^^ ^® ^^* 
site side of said island, where the mill is to be built; and shall " 
be liable to the action of any person, thinking himself ag- 
grieved by any infringement of the provisions of this section, 
in any court having competent jurisdiction in the said county 
of Athens. 

This act shall be in force from and after the passage Effect- 
thereof. 



[Act of January 11, 1812, 10 i?. L. O. j9. 29.] 

An act authorizing the trustees of the incor|X)rated township No. 2, in range 
No. 6, to lease to William George a lot of land in section No. 16, of 
said township. 

Sec. 1. Tha.t the trustees of the incorporated township 
number 2, range number 6, east of a line drawn from the Lea^e allowed 
mouth of the Great Miami river, shall be, and they are ^ ' ^°'S®* 
hereby authorized to lease, by permanent lease of ninety- 
nine years, to William George, of Montgomery county^ his 
heirs or assigns, one lot of land, containing not more than 
eighty acres, in section number sixteen, of said township, for 
the purpose of erecting a mill-dam and digging a race or 
canal through the said lot. 

Sec 2. That the said trustees shall survey or cause to be Surveyor and 
surveyed and laid out the said lot of land, in such manner be a^ppolnted. 
and form as they shall deem best, and shall choose three dis- 
interested freeholders, not being residents of said township, 
who being first duly sworn, shall meet on a day to be appointed 
by the trustees, and proceed to view and appraise the said 
lot of land, and shall make report in writing of the appraised 
value thereof to the said trustees, within ten days thereafter, 
who shall lease the said lot of land at an annual rent of not 
less than six per centum per annum on the appraised value. 

Sec. 3. That the said William George, in the erection of w. George lo 
said mill-dam, shall be subject to the conditions, restrictions be regulated 
and penalties prescribed ])y the act, entitled "An act to^y^^ ^^^^^^^'' 
regulate the navigation of the Great Miami and its main 
branches,"* passed January twenty-eighth, one thousand eight 

' 3eo this act 9 v. L. Q. p. 65. 



i92 LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS, 

hundred and eleven, and to such other regulations as any 
future legislature may think proper to make. 



[Act of February 11, 1812, 10 v. L. O, p. 73.] 

An act authorizing the trustees of the fractional School sections number 
sixteen, in township number one, of the second entire range, and in 
township number two of the third range, Miami Purchase, to grant per- 
manent .leases for a mill seat and lot of land in each of the sections 
aforesaid. 

Trustees may Sec. 1. That the trustees appointed to superintend the 

lay out a lot. leasing of the fractional section number sixteen, granted by 
Congress for the use of Schools lying on the great Miami 
river, in township numbered one, in the second entire range 
of townships, between the two Miami rivers, be, and they 
hereby are authorized and empowered to survey or cause to 
be surveyed, and laid out, such a lot of land adjoining the 
mill seat on said fractional section (not exceeding eighty 
acres) as shall, in their opinion, be most advantageous and 
convenient for erecting a mill-dam, cutting a race or canal, 
and building a grist-mill thereon. 

Sec. 2. That the said trustees shall choose three disinte- 

^PP''^i|^"^^"* rested freeholders (not citizens of said township) to appraise 

^^ ^ ' ^* and value said mill seat and lot, laid off as aforesaid; and the 
appraisers so chosen, after having taken an oath or affirma- 
tion, before some justice of the peace for the faithful per- 
formance of their duty, shall, on a day certain, named by 
said trustees, proceed to appraise and value said mill seat 
and lot, and make return thereof, in writing, within eight 
days after sucli appraisement shall have been completed. 
Sec. 3. That the said trustees shall grant a permanent lease 

^mnted!^^ ^ ^^ ^^^^ "^^^^ ^^^^ ^^^^ ^^^ (after having given one month's previ- 
ous notice, by advertisement, set up in three of the most pub- 
lic places around, or in a newspaper in general circulation in 
that neighborhood) to such person or persons as may apply for 
the same, and make the most advantageous proposals, for the 
term of ninety-nine years, renewable forever, subject to an 

i'rovisoo annual rent of six per centum on the valuation: Provided^ 

That the lessee or lessees shall enter into bond, with suffi- 
cient securities, to the trustees and their successors in office, 
conditioned that the said lessee or lessees will erect a grist 
, mill on said lot or lots, or near thereto, within three years 

i'roviso. after the grant of such lease: And provided also. That noth- 

ing herein shall be so construed as to interfere with any lease 
which may at present be held of such lot. 
\notherlot Sec. 4. That the trustees for the School fractional sec- 

mav be leased. (i(^i^ numbered sixteen, in the second township and third en- 
lire range of townships, between the two Miami rivers, be, 



LANDS rOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 19' 

and thev hcrebv are authorized to survey, or cause to be 
surveyed, a lot of land adjoining tlie mill seat on said fraction 
(not exceeding eiglity acres;) which lot and mill seat they 
shall cause to be valued, advertised, and grant a permanent 
lease therefor, for the same term, and under the same condi- 
tions as is provided in the three preceding sections of this 
act, for valuing, advertising, and leasing the lv>t and mill seat 
on number sixteen, in township number one, in the second 
entire range, and subject to the same provisos: '^nd pro-^^^^i^^ 
vided also^ That both mill-dams shall be subject to all the 
regulations which are or shall hereafter be made, respecting 
mill-dams on the Great Miami river. 

This act to take effect, and be in force, from and after the Effects 
jirst day of April next. 



[Act of February 9, 1808, 6 r. L, O. p. 96.] 

An act to authorize the toAvn council of Marietta, to grant permanent leases 
of section number sixteen in said town. 

Sec. 1. That the town council of Marietta, be authorized Section 16 to^ 
and empowered, and it is hereby made their duty, previous ^ J j^^^^ °^ ^^' 
to the first day of March next, to divide and lay out the 
School lot or section number sixteen, in the second township 
of the eighth range, in the county of Washington, into such 
lots or parcels, as in their opinion shall be most convenient, 
and tend best to accomplish the object of the donation. 

Sec. 2. That the town council of Marietta, shall choose Valuation and 
three disinterested freeholders, wlio shall not be citizens of ^^^^^• 
said township, to appraise and value said lots or parcels, and 
the appraisers so chosen, shall, after having taken an oath be- 
fore some justice of the peace, for the faithful performance of 
their duty, proceed to appraise and value said lots or parcels 
taking into view the improvements thereon, (the buildings 
excepted) and make return thereof within five days after 
such valuation shall have been completed^ and the said town ^ nd't'on* 
council shall lease said lots or parcels, to such persons as may 
apply, for the term of ninety-nine years, renewable forever, 
subject to an annual rent of six per cent, on the valuation, 
and subject also to a revaluation, at the expiration of every 
term of ten years, chargeable with the same per centage on 
each succeeding valuation: Provided nevertheless, That the 
present lessees .shall in all cases have the preference wher . 
they shall have complied with the conditions of their re- 
spective leases, any law to the contrary notwithstanding. 

Sec. 3, That the said town council are hereby authoriz- Lessees may 
ed and empowered to remove, by due course of law, all per- be removed, 
sons occupying said lands, in case such persons refuse or 

2 A 



194 LANDS FOR THE SUPPORT OP THE GOSPEL AND SCHOOLS. 

neglect to take such leases within three moiiths after the ex- 
piration of their present leases, and if the said lessees refuse 
or neglect to pay the aforesaid per centage or rent, yearly 
and every year, to the treasurer of the township of Marietta, 
it shall be the duty of the town council to sue for and recover 
such rent out of tne goods and chattels of the delinquent, to- 
gether with damage and costs of suit; and if no goods and 
chattels can be found, the town council are hereby empower- 
ed to re-enter upon the land, and the improvement shall be 
sold at pulic vendue to satisfv such rent and costs, and in case 
the improvement should sell for more than the rent and costs, 
or there be only a part sold, the overplus, if in money, shall 
be paid over, and if in lands, shall again be leased to the de- 
linquent. 
Effect. This act shall take effect, and be in force, from and after 

the passage thereofe. 



[Ad of January 22, 1811, 9 r. L. O, p. 44.] 

An act to amend the act, entitled "An act to authorize the town council of 
Marietta, to grant permanent leases of section number sixteen, in said 
town." 

Trustees may Sec. 1 . That the trustees elected by the inhabitants of the 
sue for rents, second township of the eighth range, agreeably to the provis- 
ions of the act, entitled "An act to incorporate the orginal 
surveyed townships," shall be, and they are hereby authoriz- 
ed and required to sue for, and recover the rents arising from 
section number sixteen, in said second township, in the same 
manner as the town council of Marietta might have done un 
der the provisions of the act, to which this act is an amend- 
ment, and their proceedings in the premises shall be regu- 
lated by the third section of said act. 
Treasurerr? Sec. 2. That it shall be, and it is hereby made the duty of 
duty and com- ti^e treasurer of the town of Marietta, to pay over all money 
that he may from time to time receive, under the provisions 
of the above recited act, for rent of said section number 
sixteen, upon the order of the aforesaid trustees, and shall 
adjust and settle his accounts, relative to said rent, in the 
month of December, annually, and the said trustees shall al- 
low the said treasurer, in settlement, four per cent, on all 
moriey by him received and paid over. 
^^e'M^^^ Sec. 3. That such parts of the act to which this is an 
repea e , amendment, as come within the purview of this act, be, and 

the same are hereby repealed. 
Effect. This act to take effect, and ]>e in force., from and after the 

iirst dav of June nex^ 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 195 

[Act of February 20, 1812, 10 v, L, O. p. IS2.] 

An act to amend the act, entitled "An act to authorize the town council 
of Marietta, to grant permanent leases of section number sixteen^ in said 
town." 

Sec. 1. That the trustees of School section number six- Trustee: to 
teen, in township two, and range eight, in the county of ^'^^."^^ ^P" 
Washington, shall from time to time, as may be required, P^^^^^^^* 
choose three disinterested freeholders, who shall not be citi- 
zens of the town of Marietta, to appraise and value the lots 
on said section, and the appraisers so appointed, shall, after 
being sworn by some justice of the peace, fiithfully to per- 
form their duty, proceed to appraise and value any lot or lots, 
the legal liolder or holders whereof may desire to have valued, 
without taking into consideration any buildings or orchards 
thereon, which may have been erected or let out by any per- '"^^^^y;^'^^^*® 
son or persons holding under the existing leases; which ap- praised. ^ 
praisal shall be made at the expense of such as may desire 
such appraisal to be made. 

Sec 2. That on the report of said valuation being made Trustees to 
to the trustees aforesaid, they shall forthwith thereafter pro- ^^^^ leasee. 
ceed to make out leases to such of the present occupiers or 
holders of said lots as may require the same, and at the ex- 
pense of such legal holders respectively, for the term of nine- 
ty-nine years, at an annual rent of six per cent, on the ap- 
praisal, which rent shall not be increased nor diminished dur- 
ing the thirty years next succeeding the dates of said leases 
respectively, at which time a revaluation of each tract or 
lot so holdcn shall be made, and from such time until the 
residue of the term shall have expired, no further revalua- j^p^,j^lyg^^jQjj 
tion shall take place, and the rent shall then be at the rate to take r^lace 
of six per cent, per annum, on the last appraisal. in30years» 

This act to take effect, and be in force, from and after the Effect. 
first dav of March next. 



[Act of February 9, 1809, 7 v, L, O. p. 192. 

An act for leasing sections sixteen and twenty-nine, in fractional townships 
within the Ohio Company's Purchase. 

Sec. 1. That the inhabitants of each and every fractional Sections 16 
township within the Ohio Company's Purchase, are hereby ^"^ ^^ *® '^^ 
authorized to proceed to lease sections number sixteen, 
granted for the support of Schools, and sections number 
twenty-nine, granted for Religious purposes, in the same 
manner, as is already pointed out by law, for leasing the said 
sections, any want of the number of electors, required by 
the act, entitled "An act to incorporate the original surveyed 
'lownships," to the contrary notwithstanding; and whenever. 



19^ 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 



Effects 



any of said sections do not contain one hundred and sixtj 
acres, the trustees aforesaid may lease the same, in such 
small tracts as they may think most advisable. 

This act shall take effect, and be in force, from and after 
the passage thereof. 



Paj-ment re- 
quired of les- 



Pcrsons may- 
have a lease. 



Ccmditions. 



Proviso. 



Effect. 



[Ad of February 20, 1809, 7 v. jj. 165.] 

An act supplementary to an act for leasing sections Nos. sixteen and twen.', 
ty-nine, in fractions,! township, within the Ohio Company's Purchase. 

Seg. 1. That no person who is, or hereafter may be, pos- 
sessed of any of that part of section number twenty-nine 
which is included within the town of Marietta, shall be com- 
pelled to pay, per annum, to the trustees for managing lands 
granted for Religious purposes in the county of Washington, 
within the Ohio Company's Purchase, for rent, more than 
nine dollars per acre, or in that proportion for a larger or 
smaller quantity than one acre; any thing in any lease or 
former law to the contrary notvv^ithstanding. 

Sec. 2. That every person or persons, who is or may be 
possessed of any of the land aforesaid, shall have a right to 
demand and have of the trustees aforesaid, a lease therefor, 
either for ninety-nine years, or for ten years, as heretofore, 
renewable to the lessee, or his executors, administrators, or 
assigns, forever, which lease shall specify the sum or sums 
payable yearly therefor ; and in affixing the sum, the trustees 
shall have particular reference to the situation and value of 
the said land, proportioning the rent to the value, under the 
restrictions herein above mentioned, according to the laws 
heretofore in force: Provided always^ That nothing herein 
contained, shall be so construed as to enable the trustees to 
give a lease or leases for any land heretofore reserved for 
streets, county purposes or commons, or to compel them so 
to lease any land reserved for a meeting-house, woodland, or 
which may heretofore have been, or hereafter may be for- 
feited for non-compliance with covenants in the said leases; 
and in all cases where old leases have been given, the said 
trustees may require the production of such leases, that they 
may be destroyed, before they shall be compellable to give a 
new lease for the same tract or tracts. 

This act to take effect and be in force, from and after the 
passage thereof. 



r,AND^ FOR TlTE SUPPORT OF THE GOSPEL AXD SCHOOLS. IS"? 

[.^d ofFthruary 9, 1808, G v, L, O, p. 113.] 

\n act for leasing section number twenty -nine, atljoining Galliopolis in 
the county of Gallia. 

Sec. 1 . That the electors resident on fractional township Trustees anc? 
number three, in the fourteenth range, shall assemble in the *^^''^!'^^,^^* 
town of Galliopolis, at the court-house, on the first Monday of 
March, biennially, the first meetir^g to be on the first Monday 
of March next ensuing, between the hours erf eleven o'clock, 
A. M. and 3 o'clock, P. M. then andthere to elect three trus- 
tees, and one treasurer, to perform the duties required by 
this act, the election to be conducted in. the same manner as 
elections for township officers. 

Sec 2. That the trustees and treasurer thus elected, shall Theiroath, 

severally take an oath or affirmation before any justice of the ^.* 
peace or associate judge, to discharge with fidelity the duties 
of their respective offices, and when thus organized the said 
trustees or any two of them, shall appoint a clerk, who may 
or mav not be of their own body, and the said clerk shall, af- 
ter being duly sworn to discharge the duties of his office with 
fidelity, keep a fair and accurate record of the proceedings 
q{ the said board, in a book or books to be provided for that 
purpose. 

Sec. 3. That the trustees and treasurer shall hold their To hold of- 
offices two years, and until their successors are chosen andfi^es 2years. 
qualified; and it shall be the duty of the clerk of said board 
to demand and receive from the trustees, for managing lands 
granted for Religious purposes, and for the support of Schools 
in the county of Washington, within the Oliio Company's 
Purchase, all leases by them executed for the part of the frac- 
tional mJle lot, number twenty-nine, in township number 
three, in range number fourteen. In the county of Gallia. 

Sec 4. That the trustees aforesaid shall appoint a skilful Lots to be 
surveyor to lay off said fractional mile lot into such lots as^^^"*^^' 
they shall direct him; and also they shall appoint three free- 
holders living in the county ofGailia, who after being duly 
sworn before a proper ofiicer to discharge their duties, shall 
proceed to value the several lots surveyed and laid out as 
above mentioned ; and they shall make a report of their said 
valuation in writing forthwith to the trustees aforesaid: Pro- 
tided, That none of the said land shall be valued at less than pj-oyigQ^ 
two dollars per acre, subject to a revaluation every fifteen 
years, without taking into view the improvement made there- 
on by any lessee after the first valuation. 

Sec 5. That the said trustees be, and they are hereby au- Leasesmaybje 
thorized to lease out to each person holding a lease from the granted, 
trustees for managing land granted for Religious purposes, 
and for the support of Schools in the county of Washington, 
-such part of the aforesaid mile lot number twenty-nine, for 



198 LAxNDS FOR TH2 SUPPORT OF THE GOSPEL AND SCHOOL!?. 

the term of ninety-nine years, renewable forever, as specified 
Proviso. ^^ their leases: Provided^ That vrhere any person holds more 

than one tract or lot of land, he will be entitled to have the 
whole amount of acres including in all the leases legally be- 
longing to him in one lease, so it does not exceed in the whole, 
one hundred and fifty acres: Provided^ That ro lot shall be 
leased for less than six per centum on its valuation. 

Sec. 6. That the trustees aforesaid be, and they are here- 
fay outstreets ^Y ^-^^horized to cause and direct the surveyor by them ap- 
&c. pointed agreeably to the provisions of this act, to lay out such 

streets or roads through the aforesaid mile lot, as they shall 
deem necessary for the convenience of the lessees, and the 
public in general: also to grant to each lessee such quantity 
Trustees may of Unimproved land as they shall judge necessary, and sufii- 
j!;rant leases, cient for fencing timber, and other necessaries on said land ; 
and the balance of said fractional mile lot, the said trustees 
are hereby authorized to lease out for the term of ninety-nine 
years to any persons applying therefor, into lots not exceed- 
ing eighty acres in the same manner as heretofore mention- 
ed; and the said trustees are hereby authorized to lease out 
for the term of years above mentioned, all such tract of im- 
proved land not claimed by any persons on or before the first 
Proviso. day of April next: Provided^ That thirty days notice by ad- 

vertisement in three of the most public places in the town of 
Galliopolis will be given, specifying in the said notice what 
lands are so to be let out. 
Payment of Sec. 7. That the rent of the land aforesaid shall be paid 
rents, &c. \)y the lessee to the treasurer above mentioned, on or before 
the first day of April annually ; the first payment to be on the 
first day of April, one thousand eight hundred and ten: on 
failure of the payment it shall be the duty of the treasurer 
How enforced ^f'^rssaid, when so directed by the trustees, to bring a suit in 
the name of the said trustees before the proper court having 
cognizance thereof, and on final process if it is found that no 
goods and chattels can be found whereby distress can be 
made, or if the mesne process cannot be served, upon the re- 
turn of the same, the trustees are thereupon authorized to 
re-enter upon the land of the delinquent, and sell at public 
vendue his right and title in said lease, to satisfy such rent 
and costs in which case the said trustees shall give twenty- 
days previous notice of the time and place where the said 
lease will be sold, subjecting always the purchaser to the con- 
ditions contained in the lease of the delinquent, and in case 
the said lease should sell for more than the rent and costs, the 
surplus shall be paid over to the delinquent. 
What persons ^^^' ^* That each regular Religious society and their ad- 
entitled to di- herents^ residing in said surveyed township, after giving 
vidend. themselves a name, shall appoint an agent who shall forward 

a certificate to the trustees, containing a list of their names 
and number specifying that they are electors of said township. 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 199 

and the trustees shall pay over to said agent an equal divi- 
dend of the rent according to their number within three 
months after collected, to be appropriated to the support of 
Religion at the discretion of each society. 

Sec. 9. That the trustees, treasurer, clerk, surveyor and Compensar- 
appraiser shall receive for their services under this act, thetion. 
following sums, viz: For every day necessarily employed on 
said business, to the surveyor, one dollar and fifty cents per 
day; each chain-carrier and marker, seventy-five cents per 
day; the appraisers, each one dollar per day; and the trea- 
surer five per centum on all monies he shall receive ; the trus- 
tees one dollar per day, and their clerk such compensation 
as said trustees may think proper to allow him. The ex- 
penses of surveving, laying out and leasing the fractional 
section aforesaid shall be paid by the lessees in such propor- 
tion as the trustees shall apportion, and all the expenses af- 
terwards shall be paid out of the funds arising out of the 
leases by orders drawn on the treasurer by the said trustees. 

Sec. 10. That should there be any dispute whether the 
money aforesaid is distributed agreeably to the provisions of Appeal al- 
this act, the society or societies who may think themselves ag- lowed, 
grieved by the decision of the trustees, may appeal from such 
decision to the court of common pleas of Gallia county, which 
appeal shall be entered with the clerk of the trustees, within 
fifteen days after such decision is made public ; and the clerk is 
required to certify such decision with all the proceedings had 
thereon, to the next court of common pleas, and the said court 
is authorized and required to hear and determine such mattep 
in dispute, and certify their determination to the clerk of the 
trustees, which determination shall be final, and the distri- 
bution made accordinglv. 

This act to take effect, and be in force, from and after the 
passage thereof. 



[Act of February 14, 1815, 13 i). L. O.;?. 305, 

\.ri act to provide for the permanent leasing of section number sixteen, in 
tlie fourth township, fourteenth range, in the county of Gallia. 

Sec. 1. That whenever three or more of the present lessees Court so ap- 
of section number sixteen, in the fourth township, and four- ''^^"^^PP'^^^^' 
teenth range, granted by Congress for the use of Schools, ^'^^* 
shall apply to the court of common pleas, for the county of 
Gallia, for the purpose of having their leases extended, such 
court on such application being made in writing, shall pro- 
ceed to appoint three discreet and disinterested freeholders, 
not residing within the original surveyed township aforesaid, 
which persons so appointed shall proceed, on oath or affirma- 



2oa 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS* 



Trustees to 
make leases. 



tion, to appraise the several lots leased to such applicants, in 
which valuation tlie appraisers shall not take into view any 
buildings or orchards on said lots, and the appraisement so 
made shall be committed to writing, signed by the appraisers 
and by them delivered to the trustees of the township, to be 
recorded by their clerk; and each of such appraisers shall 
be entitled to receive one dollar and twenty-five cents, for 
each and every day employed in appraising such land, to be 
paid by the persons making such application. 

Sec. 2, That the trustees of the original surveyed toAvn- 
ship aforesaid, on the return of the appraisers so to them 
made, shall proceed to grant leases to the present lessees so 
applying, for the term of ninety-nine years, and renewable 
forever, subject however to a revaluation at the end of every 
thirty-three years, at which revaluation the land shall be ap- 
praised as though the same was in a wild and uncultivated 
state; and such lessees shall pay, annually, into the treasury 
of the township aforesaid, six per centum on the value of 
their lots so appraised, for the benefit of the township, to 
be appropriated as other rents arising from such lands are 02- 
may by law be appropriated. 



[Ad of January 2, 1806, 4 r. L, 0,p. 66,] 
An act to incorporate the original surveyed townslaip?^ 

Original ^^^' ^* That so soon as there are twenty qualified electors 

townships in- i^ any original surveyed township of six miles square, or 
corporated. fractional township within this state, wherein there is the 
reserved section number sixteen, granted by the Congress of 
the United States for the special use of Schools; they are 
hereby authorized under the provisions hereafter provided, 
to elect three trustees and one treasurer, for the purpose of 
taking into their care the section above mentioned, who shall 
be a body politic and corporate, capable of suing and being 
sued, pleading and being impleaded. 

Sec. 2. That when the inhabitants of any surveyed town- 
ship, or fractional township aforesaid, shall make it appear 
to the satisfaction of the commissioners of the county where 
section number sixteen is situated, that there are twenty 
electors inliabiting such township, it shall then be the duty 
of the commissioners to cause written notice to be set up in 
three of the most public places in said township, requiring 
an election to be iield therein, for the puipose of electing 
three trustees and one treasurer, to perform the duties 
pointed out by this act; which notice shall be given at least 
fifteen days previous to the day of election, and the time and 
place of holdi!)g such election, shall be pointed out by the 



Comm'rs to 
5:ive notice. 



Ofliccrs to be 
a-^nointcd. 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS* 2Q1 

commissioners. The place of meeting shall be as near the 
centre of the township as circumstances will admit of, and 
the electors when met, shall be governed in their election 
by the provisions of the act, entitled '*An act for the incor- 
poration of townships," and the trustees and tre?i3urer thus 
elected, shall each of them take an oath or affirniation before 
any justice of the peace, to discharge with fidelitv the duties To take an. 
of their respective offices, and when thus organized, the trus- 
tees shall proceed to the choice of a clerk, who may or may 
not be one of their own body, and said clerk shall, after be- 
ing duly sworn to discharge the duties of his office with 
fidelity, keep a fair and accurate record of the proceedings 
of the board, in a book to be provided for that purpose. 

Sec. 3. That tlie trustees and treasurer thus elected, shall Officers to 
hold their offices two years and until their successors are^°"*/"^^ *^^® 
chosen and qualified ; and it shall be the duty of the trustees ^ 
of each and every of the surveyed townships, at least fifteen 
days previous to each biennial election, to notify the electors . 
of their respective townships, of the time and place of hold-^-Jg^^l-glg^,^ 
ingeach succeeding election; but in case the trustees refuse tion. 
or neglect to give such notice, it shall then be in the power 
of any elettor inhabiting said township, at any time there- 
after, to advertise an election to be held therein for the pur- 
pose aforesaid, which notice shall be given in the same man- 
ner and the election conducted under the same regulations, 
as are pointed out in the preceding section of this act. 

Sec. 4. That when any vacancy shall happen in the office Trustees to fill 
of trustee or treasurer, it shall be the duty of the trustees vacancies, 
to choose some suitable person to fill such vacancy, and the 
person thus chosen, shall continue in ofllce until the next 
election and until their successors are chosen and qualified. 

Sec 5. That the trustees sliall, prior to their granting a Section 16 to 
lease for section number sixteen aforesaid, proceed to view be laid off in- 
and lay off the same hi lots of not less than eighty nor more ^° ^*^^^' 
than two hundred acres, and shall give notice by advertise- 
ment to be set up in four of the most public places in the 
township, and on the court-house door, at least thirty days 
before granting a lease, mentioning the time and place where 
proposals will be received, and when they will meet to exe- 
cute the lease, and the trustees shall grant leases to those 
who make the most advantageous proposals: Provided^ That Limitation of 
no lease shall be granted for a longer time than fifteen years ;^^^"*^'^^^^*^^"' 
and the trustees now in oflice are hereby required to give 
over the books and papers in their possession, as far as it 
respects the surveyed section number sixteen, to the trustees 
appointed under this act. 

Sec 6. That the trustees shall not lease more than one lot Not to lease 
to any one person, and the lessee shall be bound not to waste {""^^ than one 
or destroy the sugar trees or other timber further than iSsQ^^*^ °"°^^^ 
necessary for improving thereon, and to make such improve- 

2 B 



2D2 LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS, 

When leases me nts as the trustees may think proper; and at the expira- 
io^TI' fT^" ^^^^ ^^ each lease, the trustees shall examine the premises^ 
u J, and see that it is left in good repair, and that the lease has 
been punctually complied with, and shall then proceed to 
give new leases on the plan pointed out by the fifth section 
of this act, always giving the preference to the original les- 
see, provided he shall have complied with his former lease. 
Application of ^Ec. 7. That it shall be the duty of the trustees of each 
fentsifeprofits, surveyed township, or fractional township aforesaid, to ap- 
ply the rents and profits arising from section number sixteen, 
to the special purpose for which it was intended; which 
rent, if paid in cash, shall be collected by the treasurer, who 
shall not pay out any money so received but upon the order 
Treasurer fo of the trustees, and said treasurer shall keep a book with 
^eep a book, £— j, ^^^ accurate entries of all monies received, together 
with a list of the disbursements, and carefully file the vouch- 
ers relating thereto, which book and papers shall at all times 
be subject to the inspection of the trustees; but if the rents 
and profits arising from said section are paid in produce, it 
shall be deposited in such place, or disposed of in such man- 
ner by the trustees, as shall in their opinion be best calculate 
ed to promote the interest of the institution. 
Trustees ma - ^^^* ^' That the trustees are hereby authorized, so soon 
divide town- ^s they may think necessary, to lay off said townships into 
ship. proper divisions, and the same to alter from time to time as 

they shall think proper, for the purpose of establishing Schools 
therein; which divisions shall be laid off in such manner as 
shall best suit the interest and convenience of the inhabitants, 
and each division thus laid off shall receive a fair and equita- 
ble dividend of the profits arising from their reserved section, 
according to the number of inhabitants contained therein. 
County line Sec. 9. That every surveyed township and fractional 
running township aforesaid in this state, that has a county line run- 

through sec- jjjjig through the same, shall be considered as it respects 
ronpidered. number sixteen, in the same situation as though no such in- 
terference had taken place ; and any suits or actions that may 
take place between the trustees of such township in their 
corporate capacity and individual or individuals, or body- 
corporate, that such action or suit shall be tried and deter- 
mined in the county where the reserved section lies, and the 
officers appointed to serve process in such cases, shall have 
full power to go any where throughout the township in exe- 
cution of his oflScial duty, in the same manner as though no 
Trustees may such division line had ever existed. 

"I'^^l^^ ^ '"''" Sec. 10. That the trustees aforesaid (where one of their 
own body is not a surveyor) are authorized to take to their 
assistance a person capable of laying out said section into lots, 
under their direction, who shall be entitled to receive one 
dollar and fifty cents per day; and the trustees shall each 
receive seventy-five cents per day, for each day they may b? 



'eXMds for the support of the gospel and scHdOta* ?0i 

Necessarily employed in laying out and leasing the same, to 
be paid by the persons leasing the same, in proportion to the 
quantity of land leased. 

Sec. 1 1. That an act directing the mode of leasing section Actsrepealetl. 
number sixteen, passed the twentieth day of February, one 
thousand eight hundred and five, and so much of the act for 
leasing certain lands therein named, as respects the leasing 
section number sixteen, passed April fifteenth, one thousand 
eight hundred and three, is hereby repealed. 

This act to take effect, and be in force-, from and after the Effeet 
first Monday of March next. 



[Set of February 6, 1812, 10 r. L, O. p, 57.] 

An act, in addition to the act, entitled "An act to incorporate the original 
surveyed townships." 

[Sec. 1.] That from and after the first day of June next. No person fcd> 
no holder, possessor or pi^oprietor of any part of section num- P^J greater 
her twenty-nine, in the first entire township, in the second J^^g ^i^.^ "j^^' 
fractional range of townships, in the Miami Purchase, hold-tablished. 
ingor possessing the same, by virtueof any lease from the trus- 
tees of said township, appomted by virtue of the said recited 
act, shall be compelled at any time during the continuance of 
the term for which the same may have been leased as afore- 
said, to pay any greater or other sum for rent, than such as may 
have been established by said trustees at the time of leasing 
the same; nor shall said land, at any time hereafter, during 
the continuance of the term or terriis for which the same, or 
any part thereof may have been, or hereafter may be, leased 
as aforesaid, be subject to any other or further appraisal or 
revaluation, than such as may be, or may have been establish- ^^ revalua- 
ed and made at the time or times when said leases may se- 
verally have been given and accepted, any provision in thie 
aforesaid act to the contrary notwithstanding* 



[Act of February 9, 1814, 12 zj. L, O. p, 109.] 

\n act supplementary to the act, entitled "An act to incorporate the 
original surveyed townships." 

Sec. 1. That the trustees, appomtedunder the provisions of Duty of trus- 
the act to which this is supplementary, are hereby authorized tees in making 
and directed, previous to their appropriating the profits aris- ^^^^^" ^' 
ing from section numbered sixteen, or other section in lieu 
thereof, (granted by Congress for the use of Schools) to require 
a certified list of all the scholars who reside within their town- 
-<hip, (whether they goto School within or without the same) to 



204 LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 

be procured from their respective teachers, stating the time 
each scholar hy him taught hath attended, together with such 
other evidence as the trustees may think necessary; and the 
trustees shall thereupon apportion an equal dividend of the 
profits of their reserved section, to the use of the scholars 
w^ithin their townships, having special regard to the time 
each scholar hath been taught; and nothing herein contained 
shall be so construed as to prevent any scholar who may go 
to^ School out of the township, from an equal participation 
in the profits of said section in their own proper township, 
with those actually taught within the same. 
Who shall not Sec. 2. That no person residing on, or holding a lease of 
be trustee, &c. ^jyy p^rt of section number sixteen, or ether section granted 
in lieu thereof, for the support of Schools, shall be eligible to 
be elected to the office of trustee or treasurer of any original 
surveyed township in this state. 



{Ad of February 15, 1815, 13 i^ L, O.p. 295.] 

An act supplementary to the act, entitled "An act to incorporate the ori- 
ginal surveyed townships." 

■Certified list Sec* 1. That the trustees appointed under the provisions 
of scholars to of the act, to which this is supplementary, are hereby autho- 
f re^^^n ^^''' ^'i^^d and directed, previous to their appropriating the profits 
%ided. arising from section number sixteen, or other sections in lieu 

thereof, granted by Congress for the use of Schools, to re- 
quire a certified list of all the scholars, who reside within 
their township, w^hetber they go to School within or without 
the same to be procured from their repective teachers, stating 
the time each scholar, by him taught, hath attended, toge- 
ther with such other evidence as the trustees may think neces- 
sary; and the trustees shall thereupon apportion an equal 
dividend of 'he profits of their reserved section, on the fourth 
Monday of March, annually, to the use of scholars within their 
tovfnships, having special regard to the time each scholar hath 
been taught: and nothing herein contained shall be so con- 
strued as to prevent any scholar who may go to a School out 
of the township, from an equal participation in the profits of 
said section, in their own proper township, with those actually 
tauglit within the same. 
Money to be ^^^* ^' That all monies heretofore collected from any of 
dividend in the School sections, which have not been distributed among 
proportion to the scholars residing in said township, who have gone to 
taught? School within, or without the same, the trustees are hereby 
required to apportion the several sunis so collected in each 
year, among the scholars who have been taught within the 
same year, agreeably to this act, and the act to which this 
is supplementary. 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. '20j 

Sec, 3. That where any original surveyed township is not School dis- 
laid out into School districts, it is herehy made the duty of |".^*^ ^^ ^^ 
the trustees, on the application of six or more of the free- 
holders or householders of the township, to proceed to lay 
out said township into School districts. 

Sec. 4. That where any School has been, "or hereafter Trustee's 
may be established in any township, where there is a section ^"^•^'' 
or part of a section of land granted for the use of Schools, 
the persons establishing such School shall choose three trus- 
tees, whose duty it shall be to demand and receive from the 
teacher a. certitiedhst of all the scholars by him taught; and 
the time for v^liich they have severally attended, and lay the 
same before the trustees of the township, and receive from 
them tlic dividend due said School, and apportion the same 
among the scholars according to the first section of this act. 

Sec 5. That no person residing on, or holding a lease of Qtialificatioia 
any part of section number sixteen, or other section granted ^^^'■"^^^^^'^*^' 
in lieu thereof, for the support of Schools, shall be eligible to 
be elected to the office of trustee or treasurer of any original 
surveyed township in this state. 

Sec. 6, That the act, supplementary to the act, entitled Act repealed, 
"An act to incorporate the original surveyed townships," 
passed February ninth, one thousand eight hundred and 
fourteen, be and the same is hereby repealed. 



[Act of February 17, 1809, 7 r. L, O. p. 109,] 

An act directing in what manner certais lands, granted by Congress for the 
u?e of Schools, in the Virginia Military Tract, shall be surveyed and dis- 
posed of. 

Sec. 1, That there shall be appointed by a joint resolu- Officers to be 
tion of the legislature, a surveyor, register, and treasurer, who appointed 
shall each liold their offices for three years, if so long they 
behave well, and who shall, before they enter upon the du- 
ties of their respective offices, enter into bond, with sufficient 
sureties, of ten thousand dollars each, payable to the trea- To give bond, 
surer of state, conditioned for the faithful performance of the 
duties enjoined on them respectively, by this act. 

Sec 2. That it shall be the duty of the surveyor to pro- Surveyor^= 
ceed, forthwith, to run oif the lands granted by the United ^^"ty- 
States for the use of Schools, within the Virginia Military 
District, (by their act dated the second day of March, eigh- 
teen hundred and seven) into quarter sections, in the same 
manner they are run off by the United States, Both in the 
running off and marking the boundaries of said lands, the said 
surveyor shall be governed and regulated by instructions, in 
all respects similar to those given by the surveyor general of 
the United States, to his deputies in similar cases, and for 



206 tANDiS rOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 

which he shall receive the same compensation that is allowed 
by the United States for like services. 
Register's Sec. 3. That as soon as the lands aforesaid are laid off in- 

duty. to quarter sections, and a plat of each quarter, township or 

section (as the case maybe) shall be deposited with the regis- 
ter; he shall give public notice in four newspapers of this 
state, a newspaper at Pittsburgh and Brownsville, in Pennsyl- 
vania, and Wheeling, in Virginia, that the said quarter sec- 
tions will be offered for sale, to the highest bidder, on a cer- 
tain day or days, at a certain place therein to be named, and 
the terms on which said lands will be sold ; which notice shall 
be given at least six weeks previous to the day of the com- 
mencement of the sale. 
Lands tobe of- Sec* 4. That it shall be the duty of the register and trea- 
fered for sale, surer to attend at the time and place of sale, and then rmd 
there offer for sale, to the highest bidder, the whole of said 
lands, beginning with the quarter section which lie in the 
most northeasterly situation, and thence west until those that 
lie in the same parallel of latitude be offered ; then return 
eastward, with those that lie in the next parallel of latitude^ 
and so on west and east, until all are offered for sale: Pro-ci- 
Proviso. ded,^ No part thereof shall be sold for less than two dollars per 

acre, together with-a proportion of the expense of surveying, 
advertising and offering for sale, which shall be ascertained 
and apportioned as is hereafter directed. 
Conditions of Sec 5. That the said lands shall be sold as aforesaid, and 
sale* paid for as follows, that is to say: There shall be paid to the 

treasurer, at the time of making the purchase, such sum as 
may be found chargeable on each quarter section^ for the ex- 
pense of surveying, advertising, and offering for sale as afore- 
said ; and on the remaining sum, the purchaser, his heirs or 
assigns, shall pay yearly and every year forever, at the rate 
of six per centum per year — subject, however, to alteration 
by any succeeding legislature, so as to enable the purchaser 
or purchasers to make such commutation as said legislature 
may think expedient. 
Payments to Sec. 6. That the first payment shall not be required to be 
be made. made until the first Monday in the secoi-d February after the 
purchase is made, and from thenceforth, forever, the pay- 
ments shall become due and payable on the first Monday of 
February, yearly: and in case payment be not made on the 
first Monday of February, as aforesaid, it shall be the duty 
of the treasurer to enter upon the land of the delinquent or 
delinquents, and give notice in the same manner, sheriffs may 
be required to do, for the time being, in case of the sale of 
lands for debt, and shall proceed to sell the same in the last 
week of March, to such person or persons as will pay the 
arrearages then due, and become bound for the yearly pay- 
ments as they may become due thereon, forever, agreeably to 
the conditions of the first sale ofsuch tract or quarter section* 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 207 

Sec. 7. That the register and treasurer aforesaid, shall in Sales, how 
ill things appertaining to their respective offices, conduct the conducted, 
business thereof, in the same manner, and be governed by the 
same rules, so far as they can properly apply, that the regis- 
ters and receivers are, in the public offices of the United 
States, for the sale of their lands. 

Sec 8. That the register shall execute a deed or deeds of Register to 
lease for ninety-nine years, renewable forever, to the purchaser S*^'^ ^ ^^^^^ 
or purchasers, to his, her or their heirs, executors, adminis- 
trators or assigns, conditioned, that the person or persons so 
purchasing, his, her or their heirs, executors, administrators, 
or assigns, shall comply with the requisitions of this act, or suf- 
fer the treasurer to e.iter thereon, and make sale as herein 
before directed, which deed or deeds of lease, he shall exe- 
cute as other deeds are executed, and record accurately, in a j^ Atu 
book to be by him provided for that purpose, after which he corded. 
shall deliver it to the person entitled thereto, who shall have 
it recorded as other deeds are. 

Sec 9. That the register shall audit and settle the ac- Surveyor's ac- 
count of the surveyor, and shall also audit and settle for ^^"|^*? *° ^^ 
such printing, books and stationary as may be necessary, un- 
der the provisions of this act, together with the expense 
attending the offermg for sale the said lands; the amount of 
the sums due on such settlement, shall be paid, with interest 
thereon, at the treasury, on the certificate of the register. 

Sec 10. That such of the quarter sections as may not be Lands may he 
sold at the public sale, when offered as aforesaid, shall he ex- sold at private 
posed at private sale, at two dollars per acre, with the addi-^^^* 
tion of the contingent expense aforesaid, payable in the same 
manner, and at the same yearly period herein before men- 
tioned. 

Sec 11. That the register and treasurer shall hold their Where offices 
offices at the town of Mansfield, in the county of Richland, and '^''" ^ ^^P*^ 
shall each receive yearly the sum of one hundred and fifty 
dollars out of the avails of said lands, together with one and 
a half per centum on the amount of money received in the 
treasury; subject, however, to such alterations as any future 
legislature shall think proper to make. 

This act to take effect from and after the passage thereof. Effect. 



[Resolution of February '^O^ 1809, 7 v, p, 228.] 

Resolved^ That Abraham Shepherd be, and he is hereby 
appointed surveyor, Winn Winship, jr. register, and Cadwal- 
lader Wallace, treasurer, agreeable to the provisions of the 
act, entitled "An act directing in what manner certain lands 
granted by Congress for the use of Schools in the Virginia 
Military Tract, shall be surveyed and disposed of." 



^0^ LANDS FOR THE SUPPORT OF THE GOSPEL AND bCHOOLri, 

[Ad of Fehrmry 16, 1810, 8 v, L. O. p, 254.] 

An act to amend the act, entitled "An act directing in what manner cer- 
tain lands, granted by Congress for the use of Schools, in the Virginia 
Military Tract, shall be surveyed and disposed of,-' 

Time and Sec. 1. That the lands granted by Congress, for the use 

manner of of Schools, in the Virginia Military Tract, shall be paid for as 
"'rSvemen"r ^"^^^^^s, viz: There shall be paid to the treasurer, at the time 
of making purchase, the sum of ten dollars for each quarter 
section; and at the expiration of five years, from the time 
the purchase is made, the purchaser or purchasers, his or 
their heirs or assigns, shall pay six per cent, on the amount of 
the purchase money, and shall also pay thereafter yearly, 
and every year, six per cent, on the amount of the purchase 
money aforesaid; subject, however, to such alteration by any 
succeeding legislature, so as to enable the purchaser or pur- 
chjisers to make such commutation as said legislature may 
think expedient. 

Ret^istcr may Sec. 2. That if the purchaser or purchasers, his or their 
sell lands of* heirs or assigns, shall fail to make payment, agreeably to the 
lessee?, provisions of the first section of this act, the register shall 

enter upon the lands of the delinquent or delinquents, and 
give notice in the same manner, sheriffs may be required to 
do, for the time being, in case of the sale of lands, for debt, 
and shall proceed to sell the same to such person or persons 
as will pay the arrearages then due, and become bound for 
the yearly payment as they may become due thereon, forever, 
agreeable to the conditions of the first sale of such tract or 
quarter section, by advertising such s?le at least six weeks 
previous to the day of sale, at two public places, in the towns 
of Mount Vernon, Mansfield and Canton, 
improvements Sec. 3. That every person or persons, purchasing any 
to be made, tract or tracts aforesaid, shall, within three years from the 
time of making such purchase or purchases, build a good 
comfortable cabin, and clear at least three acres of ground 
on each quarter section, and every person or persons failing 
to make the improvements aforesaid, shall forfeit his right 
and claim to such tract or quarter section, any thing herein 
contained to the contrary notwithstanding; and such tract 
shall be subject to be re-entered by any person or persons 
making application therefor, on his or their making satisfac- 
tory proof thereof to the register. 
Purchasers Sec. 4. That those persons who have hertofore purchased 

bound by this any of the aforesaid lands, shall be dealt with in all respects, 
^^^- agreeably to the provisions of this act. 

Fartofactre- ^^^* ^' That the fifth and sixth section of the act, en- 
pealed. titled "An act directing in what manner certain lands, grant- 

ed by Congress for the use of Schpols, in the Virginia Mill- 



LANDS FOR THE SUPPORl' OF THE GOSPEL AND S<:H00L3. 209 

taiy Tract, shall be survcj ed and disposed of," be and the 
same are hereby repealed. 

Tins act shall take effect, and be in force, from and after Effect, 
the passage thereof. 



[yld of February 20, 1810, 8 v. L. O. p 253.] 

\n act supplementary to the act, entitled "An act to amend tlie act, en- 
titled "An act directing in what liia liner certain lands granted by Con- 
gress for the use of Schools, in tha Virginia Military Tract, shall be sur- 
veyed and disposed of." 

Sec. 1. That the present register, appointed under the rpj.g^g^^j.g^ ^^^^ 
provisions of the act, entitled "An act directing in what man- serve 5 years 
ner certain lands, granted by Congress for the use of Schools, 
in the Virginia Military Tract, shall be surveyed and dis- 
posed of," shall exercise the duties of register and treasurer, 
agreeable to law, for the term of five years from the passage 
of this act, at which time the legislature may appoint a register 
and treasurer, agreable to the provisions of the aforesaid act. 

This act to take effect from and after the passage thereof. EfiecL 



[Act of February 9, 1813, 11 i;. L. O..77. 161.] • 

An act to amend an act, entitled "An act to amend the act, entitled "An 
act directing in what manner certain lands granted by Congress, for the 
use of Schools, in tlie Virginia Military Tract, shall be surveyed and dis- 
posed of." 

Whereas it has been represented to this General Assembly, pj-eaj^l^lp. 
by a number of inhabitants of • the county of Richland, 
tliat many of the lessees of Schoollands, in the Virginia 
Military Tract, leased at Mansfielu, have been driven 
from their possession by the savage enemies of our coun- 
try, and that consequently they cannot make the im- 
provements, within the time required by the act to which 
this is an amendment: Therefore, 

Sec. 1. That any person or persons who have heretofore Further time 
purchased or leased anv tract or tracts of the Virginia Mill- allowed to 
tary School Lands aforesaid, and who have not improved the <^°"^P^^^^ y^" 
same, agreeably to the provisions of the third section of the 
act to which this is an amendment, be and they are here- 
by allowed the further time of one year to make the afore- 
said improvements, from and after the passage of this act, 
any thing in the above recited act to the contrary notwith- 
standing. 



> ( 



^W tANIiS FOUTHE SUPPORT OF THE GOSPEL AND SCHOOLS, 

{Ad of January 15, 1814, 12 i;. L. O. jo. 51.] 

An act to arnend an act, entitled "An act to amend the act, entitled "Ae 
act directing in what manner certain lands e;ranted by Congress, for the 
use of Schools, in the Virginia Militarj^ Tract, shall be surveyed and 
disposed of." 

Persons who ^EC. 1 . That any person or persons who have heretofore 
bavemadeim- purchased or leased any tract or tracts of the Virginia Mili- 
vrovem^nu ^^^y School Lands aforesaid, and who have not improved the 
ther time to"^^™^' agreeably to the provisions of the third section of the 
comolete act to which this is an amendment, in case such person or 
them. persons have actually settled or built a cabin, or cleared one 

acre of ground, on any quarter section so purchased or leased, 
he, she or they, shall be allowed the further time of one year, 
from and after the first day of April next, to complete their 
f^everal improvements, as required by the said third section 
of the above recited act. 
J. - _ Sec. 2. That the register appointed agreeably to the act 

poft to the le- directing in what manner certain lands granted by Congress 
gislature. for the use of Schools, in the Virginia Military Tract, shall 
be surveyed and disposed of, shall, annually hereafter, report 
to the General Assembly, within twenty, days from the com- 
mencement of each session the quantity of lands sold, de- 
signating each tract by its number and quantity of acres, 
together with the names of the purchaser or purchasers, and 
also, any forfeiture or forfeitures that may or have^ from time 
to time, accrued thereon. 
PI 1 1 be ^^^* ^* ^^~^^^ *^^^ register shall make out and transmit, to 

made out. the next General Assembly, a plat of the whole lands granted, 
as before mentioned, designating the same by the number of 
range, township, section and quarter section. 



\Act of February 13, 1815, 13 v. L, O. p. 166.] 

An act to provide for granting permanent leases of certain tracts of School 
Land in the United States Military Tract, within the county of Muskingum - 

PartofV. M. ^^0. 1. That the present lessees of any part of the fourth 
School Lands quarter of the first township, in the fifth range, or the third 
leased. quarter of the third township, in the eighth range, in the U- 

nited States Military Tract of Land, granted by Congress for 
the use of Schools, or any others who may hereafter apply for 
leases of the same, shall have the privilege of taking permanent 
leases of tracts of said land, containing not less than eighty 
nor more tlian two hundred acres, for the term of ninety-nine 
years, renewable forever, by paying six per centum per an- 
num upon the valuation, to the treasurer of Muskingum 
county, subject, however, to a revaluation at the end of thir- 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS* 211 

ty- three years from the time of granting such lease or leases, 
at which time the said land shall again be appraised, without 
taking into view the improvements thereon, but be valued 
as if in a state of nature. 

Sec. 2. That when any person shall desire to take a per-Valuatimi. 
manent lease of any of the above mentioned lands, the court 
of common pleas, for the county of Muskiiigum, shall on ap- 
plication, appoint three disinterested and judicious freehold- 
ers, who shall proceed to appraise the value of such tract or 
tracts of land, upon oath or aflirmation, taking tnto view the 
advantages and disadvantages of situation, together with the 
nature of the lease, and make return thereof to the county 
commissioners, which returns shall be filed in the commis- 
sioners' office, and they shall thereupon proceed to grant 
permanent leases of the same to the applicant or applicants, 
agreeably to the provisions of the first section of this act, 
which lease or leases shall be recorded in the recorders of- 
fice for said county, within one year from the time of grant- 
ing the same, or be of no effect. 

Sec. 3. That all rents or profits arising from the aforesaid Rents to be 
lands, shall be paid into the county treasury, there to remain P^i*^ i"^*' 
subject to the future disposition of the legislature, in conformi- ^^^y^^ ^^^^^ 
ty with the original intent of the grant of said lands; and if 
any lessee shall neglect or refuse to pay his yearly rent, with 
the interest that may have accrued thereon from the time it 
became due, so that he shall, at any time, be in arrears for 
the amount of three years rent, and no personal property is 
to be found, sufficient to satisfy the same, then and in that case, 
the county commissioners shall have power to re-enter upon 
and again lease or sell the improvement, on such lot of land, J^^'^^^^^.^"" 
to any other applicant, by giving at least thirty days previous case of non- 
notice in a newspaper printed in the county: Provided, That payment, 
if on a sale of any lease there shall be any overplus, after 
satisfying all rents and interests, together with the costs that 
may accrue, such remainder shall be paid over to the lessee 
who may be so ejected. 

Sec. 4. That all necessary expenses which may arise in the Expense, how 
execution of the provisions of this act, shall be subject to the paid, 
control of the county commissioners, and paid out of the 
county treasury, and shall be reimbursed out of the first 
monies arising from the rents of the aforesaid lands. 



[Act of February 14, 1815, 13 r. L. O. p, 307.] 

An act further to amend the act, directing in what manner certain lands 
granted by Congress, for the use of Schools in the Virginia Military 
Tract, shall be surveyed and disposed of. 

Sec. 1. Tliat the register of said lands, at the same ^^^^^uty'tomoke 
be makes hi? annual report of the lands sold, shall also make report. 



'^12 LANDS FOR THE SUPFORT OF THE GOoPEL AND SCHOOLS* 

out and transmit to the General Assembly, a statement of the 
amount of all monies received, and on what account, toge- 
ther with the disbursements thereof, during the preceding 
year, and shall also report to the next Genered Assembly the 
amount of all monies received, and paid out, from the twen- 
ty-first day of October, eighteen hundred and nine, to the 
'twenty-fourth day of November, eighteen hundred and four- 
teen, and on what account. 
Money to be Sec. 2. That all monies that may be in the hands of the 
paid into the register of said lands, on the first day of May next, and on 
txeasury. ^|-^^ ^^.^^ ^^^ ^^ i^/j^^. ^^^^ subsequent year, shall be paid into 
the treasury of this state on the order of the treasurer; 
which order, the register shall deliver over to the auditor, 
who shall charge the treasurer with the amount, and give a 
receipt to the register for the same, who shall make a record 
thereof in his office; and the money thus paid into the state 
treasury, shall be subject to be appropriated as other monies 
in the treasury (unless the General Assembly shall by law- 
otherwise direct) until the same shall be appropriated for 
the use of Schools within the Virginia Military District. 



[Act of January 24, 1809, 7 v, L, O. p. 219.] 

An act. for the laying out and leasing section number sixteen, in fractional 
township number four, second fractional range of the townships in the 
Miami Purchase. 

Three trustees '^^c. 1. That the electors within the fractional township 
and one trea- number four, in the second fractional range of townships in 
surer to be (Vjg Miami Purchase, shall meet at the house of Samuel 
first Monday Muckmore, at ten o'clock, on the first Monday of March, an- 
of March, an- nually, ten days notice having been previously given by ad- 
nually. vertisement, set up at three of the most public places, by 

two or niore of the citizens of said township, and proceed 
to elect, by ballot, three trustees and one treasurer, to per- 
form the duties required by tliisact; the election to be con- 
ducted in the same manner, as elections for township officers. 
To take an ^Ec. 2. That the trustees and treasurer thus elected, shall 
oath, &c. severally take an oath or affirmation, before any justice of 
the peace or associate judge, to discharge, with fidelity, the 
duties of their respective offices; and when thus organized, 
And appoint a the said trustees, or an}" two of them, shall appoint a clerk, 
clerk. ^vho may or may not be of their own body; and the said clerk 

being duly sworn to discharge the duties of his office, with 
Duty of clerk, fitleli ty, shall keep a fair and accurate record of their pro- 
ceedings in a book or books, by him procured for that pur- 

uanceinof- ^EC. 3. Tliat the trustees and treasurer shall hold their 
^"''^- offices one vrar, and until their truccessors in office, are cho- 



LANDS FOE. THE SUPPORT OF THE tiOSPEL AND SCHOOLS. 213 

jteii and qualified. And it shall be the diitj of the clerk of F^ither duty 
said board, to demand and receive from the trustees, all of the clerk, 
leases by them executed, and make a fair record of the 
same; 

Sec. 4. That the trustees aforesaid, shallappoint a skilful Justices to ap-' 
surveyor to lay off such section into such lots, as they shall point a sur- 
direct; also, they shall appoint three disinterested freehold- f^.^^J.^/^^j^^.^.g!^^'^ 
ers, living in said township, who, after being duly sworn to 
discharge the duties of their oOice's, with tidclity, shall pro- 
ceed to value the several lots of lai:Ki laid out as aforesaid: 
Provided, That none of said land shall be valued at a less sum Pfovi^o. 
than two dollars per acre, and subject to a revaluation every 
fifteen years, without taking into view the improvements 
made thereon, by any lessee or lessees. 

Sec 5. That the said trustees be, and they are hereby Trustees au- 
authorized to lease out, to any person or persons such part ^^iorized to 
or parts of said section, for the term of ninety-nine years, |!^"^^ ^^^^'^^^ 
and renewable forever: Provided, That any person or per- 
sons, holding more than one lot of land, shall be entitled Proviso, 
to have the whole amount of acres included in one lease, so 
that it does not exceed fifty aci-es: And provided, That no lot 
shall be leased for less than six per centum on its valuation. 

Sec. 6. That tlie trustees aforesaid shall direct the sur- surveyor to 
veyor, by them appointed agreeably to the provisions of this iay out street? 
act, to lay out such streets or roads through the aforesaid ^'^^ roads, 
section, as they shall deem necessary for the convenience of 
the lessees and the public in general. In all cases where lots 
are to be let out, it shall be the duty of the trustees to adver- 3 weeks' no- 
tise the same, in three of the most public places in the town- ^\^® *° ^'^ 
ship, at least three weeks, specifying the lots to be let out. S'^'^^"- 

Sec. 7. That the rent of the land aforesaid, shall be paid Rent to whom 
by. the lessee or lessees, to the treasurer above mentioned, and when to 
on or before the first day of April, annually ; the first pay- ^^ P^*^- 
ment to be made on the first day of April, one thousand eight 
hundred and ten. On failure of the payment, it shall be the Qn failure 
duty of the treasurer aforesaid, when so directed by the treasurer tl 
trustees, to bring a suit in the name of the trustee's, be- ^ring suit. 
fore any court liaving cognizance thereof; and, on final pro- 
cess, if no goods and chattels can be found, whereby distress 
can be made — or if mesne process cannot be served, upon 
the return of the same, tiie trustees are thereupon autho- 
rized to re-enter upon the land of the delinquent or delin- 
quents, and sell, at public vendue, his or their right and 
title in the said lease or leases, to satisfy such rent and costs ; Proceedin'^s 
in which case the trustees shall give twenty days previous thereon, 
notice of the time and place where the said lease or leases 
will be sold, by advertising the same in three of the most 
pubhc places in the county, subjecting the purchaser or pur- 
chasers to the conditions contained in the lease or leases of 
the delinquent or dprmquent^; and in ca-e the said lease or 



214 



LANrS FOR THE SUPPORT OF TfiE GOSPEL AND SCHOOLS. 



Fines arising 
how appropri- 
ated. 



Trustees, 
treasurer, 
clerk and sur- 
veyor, &c. 

Compensa- 
tion, 



Repealing 
tflause. 



Commence- 
iKient. 



leases shall sell for more than the rent and costs, the surplus 
shall be paid over to the delinquent or delinquents. 

Sec. 8. That all funds, arising from the sale of the leases 
of the aforesaid section, number sixteen, shall be appropri- 
ated for the use of Schools, as the trustees shall direct, within 
the township. 

Sec 9. That the trustees, treasurer, clerk, surveyor and 
appraisers, shall receive for their services under this act, the 
following sums, viz: For the time they are necessarily employ- 
ed on said business — to the surveyor, one dollar and fifty cents 
per day; each chain carrier and marker, seventy-five cents 
per day, and the treasurer three per cent, on all monies he 
shall receive; the trustees, seventy-five cents per day, each; 
the appraisers seventy-five cents per day, each; and the 
clerk, such a sum as the trustees shall think proper. — 
The expenses of surveying, laying out and leasing the sec- 
tion aforesaid, shall be paid by the lessee or lessees in such 
proportion as the trustees shall direct, and all expenses after- 
wards shall be paid out of the funds arising out of the leases, 
hj orders drawn on the treasurer by the said trustees. 

Sec 10. That so much of the act, entitled "An act to in- 
corporate the original surveyed townships," as respects frac- 
tional township number four, second fractional range of town- 
ships in the Miami Purchase, be, and the same is hereby re- 
pealed. 

This act shall take effect, and be in force, from and after 
the passage thereof. 



[Act of January 28, 181 1, 9 r. L, 0,p, 64.] 

An act to amend the act, entitled "An act for the laying out and leasing sec- 
tion number sixteen, in fractional township, number four, second frac- 
tional range of the townships in the Miami Purchase." 



iDuty of trus- 
tees and trea= 



First section 
repealed. 

Effect-. 



Sec 1. That the trustees and treasurer, elected in pursu- 
ance of the act, entitled "An act to incorporate the original 
surveyed townships," passed February sixth, one thousand 
eight hundred and ten, are hereby required to do and perform 
all the duties enjoined on the trustees and treasurer, required 
to be elected by the act, entitled "An act for the laying out and 
leasing section number sixteen, in fractional township number 
four, second fractional range of the townships in the Miami 
Purchase," passed the twenty-fourth of January, one tliou- 
sand eight hundred and nine. 

Sec 2. That the first section of the above recited act be, 
and the same is hereby in part repealed. 

This act shall take effect, and be in force, from and after 
the passage thereof. 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS* Vx^P 

[Act of February 15, 1812, 10 v. L. O. p. 101.] 

An act to amend the act, entitled "An act for laying out and leasing; sec- 
tion number sixteen, in the fractional township number four, second frac- 
tional range of townships, in the Miami Purchase." 

Sec. 1. That the trustees and treasurer, in pursuance of Certain pow- 
the act, entitled "An act to incorporate the original surveyed ^^^ g^^en. 
townships,'" passed February the sixth, one thousand eight 
hundred and ten, are hereby required to do and perform all 
the duties enjoined on the trustees and treasurer required to 
be elected by the act, entitled "An act for laying out and 
leasing section number sixteen, in fractional township num- 
ber four, in the second fractional range of townships in [the] 
Miami Purchase," passed the twenty-fourth of January, one 
thousand eight hundred and nine. 

Sec. 2. That the schoolmasters in said fractional town- Teachers to 
ship, shall each keep a daily account of each and every scholar ^^^^^^ ^^~ 
sent to his School, and the name of the person sending them, 
and transmit a certified copy of the same to the said trustees 
on or before the first day of April, annually ; and the trustees 
shall make out a fair and .equal dividend of the nett proceeds 
of said School section, to each person resident in said town- Trustees^ 
ship, sending to School, according to the number of scholars duty, 
sent by them respectively, and the time for which they have 
attended, and the teacher's receipt as to any of the lessees of 
the School section shall be received by the trustees in pay- 
ment of any rents due from them respectively, as far as may 
then be due to the said lessee or lessees. 

Sec. 3. That so much of the act to which this is an amend- Part of act 
ment, as comes within the purviev/ of this act, and the act, repealed, 
entitled "An act to amend the act for laying out and leasing 
section number sixteen, in the fractional township number 
four, in the second fractional range of townships, m the Mi- 
ami Purchase," be, and the same is hereby repealed. 

This act to take effect, and be in force, from and after the Effect 
lirst day of April next. 



[Act of January 31, 1814, 12 v. jL. O. p. 84.] 

An act for the relief of John Stoker, and others. 

Whereas it has been represented to this General Assembly, preamble 
that .John Stoker, William Berryman and Josiah Claw- 
son, did lease three quarters of section number sixteen, 
in the second township, and eighth range of land, granted 
by Congress for the use of Schools ; and that owing to a 
storm which has lately passed through the same, and 
destroyed the timber in such a manner, that it is impos* 



:n6 



LANDS FDR THE SUPPORT OF THE GOSPEL ANI> SCHOOLS. 



sible for the said John Stoker, William Berryman and 
Josiah Clawson, to comply with their- contract: 
Therefore-^ 
Trustees may ^^^* ^'' That the trustees of said section niimher sixteen, 
release cer- are hereby empowered to release John Stoker, William Ber- 
tain persons ryman and Josiah Clawson from, their contract, or prolong 
the time for their making improvements on said land, for a 
space of time not exceeding three years. 



Irom contract. 



}'reamble . 



Lease con- 
rirmedo 



[Act of December 19, 1814, 13 i). L. O. p, 5.] 

An act for the x-elief of the Miami Baptist Church, so called. 

Whereas it hath been shewn, to the General Assendbly of the 
state of Ohio, that the trustees of fractional township^ 
number five, in the second fractional range of townships 
in the Miami Purchase, did heretofore lease to Bethuel 
Cavalt, and others, members of the Miami Baptist 
Church, so called, a certain parcel of ground, contain- 
ing, by estimation, four acres, within the section num- 
ber twenty-nine of said fractional township ; and where- 
as doubts have been entertained whether it was compe- 
tent for the said trustees so to do, by reason that said 
lot contains less than eighty acres; and whereas said 
. society, the Miami Baptist Church, have, at considera- 
ble expense, caused to be erected on said parcel of 
ground, a meeting-house; therefore, the better to carry 
into effect the laudable intentions of said trustees, and 
to vest in said society the right to' occupy said premises, 
as a church yard, burial ground and place of worship. 
Sec. 1. That the members of the said Miami Baptist 
Church, and their successors and other members of said 
Church, shall have the right for and during the term in said 
lease specified, and renewable forever, on the same terms, 
conditions, and restrictions, and subject to the same valua- 
tions, and revaluations as by law other leases of any part of 
said section, number twenty-nine, and fractional township 
number five, in the second fractional range of townships, in 
the Miami Purchase, are or may be subject to. 



[Ad of December 30, 1814, 13 v. L, O. p. 49.] 

An act to exempt section tAvcnty-nine, third township and second fractionai 
ranse in the Miami Purchase from a revaluation. 



Preamble. Whereas a number of individuals, lessees of section twenty- 
nine and others, inhabitants of the third township and 



tANDS rOil THE SUPPORT OF THE GOSPEL AND SCHOOLS, 217 

second fractional range in the Miami Purchase, have 
represented to this General Assembly, that the said 
section twenty-nine is poor, hilly and unproductive: — 
Therefore, 

Sec. 1. That the revaluation of the aforesaid section I^pvaluation 
f wenty-nine, third township, second fractional range, in ^^^^ t-^^^n oiL ^ 
Miami Purchase, be and tiie same is hereby taken off, and 
that all leases given or tliat may be given on the aforesaid 
section twenty-nine, shall be subject to pay the six per cent, 
charged in the first valuation, agreeably to the provisions of 
the twelfth section of an act to incorporate the original sur- 
veyed townships. 

This act to take effect, an^ be in force, from and after the Eflecfc, 
first day of April next. 



lAd of February 14, 1815, 13 v, L. O. p. 310.] 

An act for the relief of David Moore, Jas. W. Patterson and Osmond Wells. 

Sec. 1. That the leases executed by Stephen M^Dougal, Description of 
acting on behalf of the state of Ohio, to Eli Hunt, and as- 5^^^^^*^^"^J^°|j, 
signed by the said Eli Hunt, to David Moore, James W. Pat- j^y^t b° g/ 
terson and Osmond Wells, to the following tracts of land, to M'Doug^K 
wit: Lease number one, three hundred and eighteen acres of 
land, granted by Congress for the use of Schools, in the Ohio 
state, in the fourth quarter of the third township, eleventh 
range. United States Military Tract, in the county of Licking, 
bounded as follows : beginning at the northeast corner of said 
quarter; thence running west four hundred and eighty poles, 
along the line of said quarter; thence south one hundred and 
six poles; thence east four hundred and eighty poles to the 
east Une of said quarter; thence one hundred and six poles 
to the beginning: number two, beginning at [the] southeast • 
corner of lot number one ; thence south one hundred and six 
poles; thence west four hundred and eighty poles; thence 
north one hundred [and] six poles, to the southwest cor- 
ner of lot number one; thence east four hundred and eighty 
poles to the place of beginning, containing three hundred 
and eighteen acres: number three, beginning at the south- 
east corner of lot number two; thence south one hundred 
and six poles; thence west four hundred and eighty poles; 
thence north one hundred and six poles, to the southwest 
corner of said lot number one; thence east four hundred 
and eighty poles to the place of beginning, containing three 
hundred and eighteen acres: number four, beginning at the 
southeast corner of lot number three, and running south one 
hundred and six poles; thence west four hundred and eighty 
|K>les ; thence north one hundred and six poles : thence east fouc 

2D 



^^18 



LANDS FOR THE SUPPORT OF THfi GOSPEL AND SCHOOLS. 



hundred and eighty poles to the beginning, containing three 
hundred and eighteen acres: number five, beginning at the 
southeast corner of lot nunaber four, and runr:ing south one- 
hundred and six poles; thence west four hundred and eightj 
poles; thence north one hundred and six poles; thence east 
four hundred arjd eighty poles to the place of beginning, con- 
taining three hundred and eighteen acres: number six, be- 
ginning at the southeast corner of lot number five, ar-d run- 
ning south one hundred and six poles; theice west four hun- 
dred and eighty poles; thence north one hundred and six 
poles; thence east four hundred and eight}^ poles- to the be- 
ginning, containing three hundred and eighteen acres: also, 
one other lease, executed by the said Stephen M'Dougal, agent 
as aforesaid, to David Moore, James W. Patterson and Os- 
mond Wells, for three hundred and tv/enty acres of land, in 
the southeast quarter of the third tov/nship and eleventh 
range, beginning half a mile north of the southwest corner of 
the land surveyed and leased by Eh Hunt; thence west half 
a mile to a post; thence north one mile to a post; thence half 
a mile to the. blazed line of Eli Hunt's survey; thence south 
one mile along said line to the place of beginning, be, and the 
same are hereby declared to be cancelled, annulled and of 
none effect; ai^d the said David Moore, James W. Patterson 
and Osmond Wells, and their heirs, are exonerated from all 
the conditions, requisitions and covenants set forth in the 
aforesaid leases. 

Sec. 2. That Stephen M'Dougal, agent for said lands, 
shall execute leases to the aforesaid David Moore, James W. 
Patterson and Osmond Wells, their heirs, executors, adminis- 
trators or assigns, for the aforesaid several tracts of land, for 
the term of ninety-nine years, and renewable forever; reserv- 
ing an annual rent of six per cent, per annum, upon the 
aggregate amount of the valuation of such land, to be made 
as herein after directed, which rent, if not punctually paid, 
shall be recoverable as rer:ts in other cases. 

Sec. 3. That Alexander Holmes, Jacob Wilson, and Isaac 
Statton, be and they are hereby appointed commissioneis to 
make a valuation of said land, described in the first section 
of this act; and the said commissioners shall affix a money 
valuation upon said lands: Provided^ Such valuation shall not 
be less tlian two dollars per acre, which valuation, v>hen 
made, they shall return, in writing, under oath or affirma- 
tion, to the recorder of Licking cour.ty, on or before the first 
day of June next; and the said recorder is hereby directed 
to record said return and valuation, and file the original in 
his said office. 
6 per cent, to Sec. 4. That after the expiration of ten years from the 
be paid. ^^te of the valuation, they the said David Moore, James W. 
Patterson and Osmond Wells, their heirs, executors, admin- 
istrators or assigns, shall pay or cause to be paid the afore-- 



Said M'Dou- 
gal to lease 
said land to 
Hunt's as- 
signees. 



Persons ap- 
pointed to 
make valu- 
ation. 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS, 



2iy 



said six per centum per annum, on the valuation of the said 
several tract?! of land. 

Sec. 5. That at the end of every thirty-three years, the Revaluation 
said several tracts of land s'lall be revalued by three repu- to take place-, 
ta;>le freeholder?, to be appointed by the commissioners of 
Licking county, tiien being, who shall return their proceed- 
ings to the recorder of Licking county, who is directed to 
record the same, and file tiie original in his office: Provided^ 
At the time of the revaluation, said lands shall be considered 
as if in an unimproved state* 

Sec- 6. That the said David Moore, James W. Patterson ImprovempnU 
and Osmond Wells, shall jointly give bond to the commision- 
ers of Licking county, with sufficient security, to be approv- 
ed by the court of common pleas of said county, in the penal 
sum of two thousand dollars, conditioned tliat they the said 
David Moore, James W. Patterson and Osmond Wells, their 
heirs, executors, administrators or assigns, shall make the 
following improvements upon a part of the aforesaid several 
tracts of land, within four years, from the first day of April 
next, viz: To erect, w^here there is a sufficient water and seat 
for water works, a good and sufficient furnace, for the pur- 
pose of making metal and pig for bar iron, and such other 
works as may be deemed necessarry for the purpose of 
manufacturing metal and bar iron; and in case the said Da- 
vid Moore, James W. Patterson and Osmond Wells, their 
heirs, executors, administrators or assigns, shall fail to enter 
into bond and security, as required in this section, on or be- 
fore the first day of June next, this act shall be void and of 
none effect; and in case bond be given, the commissioners of 
Licking county are hereby directed to have said bond re- 
corded, in the recorder's office of Licking county, and cause 
the original to be filed in said office. 

Sec. 7. That the said David Moore, James W. Patterson lessees to pay 
and Osmond Wells, their heirs, executors, administrators and ^^P^"^^®^- 
assigns, shall defray all necessary expenses that may accrue 
by virtue of this act. 



OHIO UNIVERSITY. 
[Resolution of December 18, 1799, 1 sess, G, A. T.p, 244.] 

Whereas in the county of Washington, within this territory, PreamW<; 
the townships Nos. 8 and 9, in the fourteenth range, 
have been appropriated and set apart for the purpose of 
endowing an University; and whereas the application of 
the same to the purpose aforesaid has been entrusted to 
the legislature of this territory; therefore, to enable the 
said legislature the better to determine the situatioa 
whereon to establish the said University; 



220 LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 

Committee to [Sec. l.J That Rufus Putnam, BeDJamin Ives Gilman, and 
lay oif a town Jonathan Stone, Esquires, be requested to lay off, in the most 
and make re- suitable place within the townships aforesaid, a town plat, 
^^^' which shall contain a square for the Colleges ; also, lots suit- 

able for house lots and gardens, for a president, professors, 
tutors, &c. bordering on, or encircled by spacious commons, 
and such a number of town-lots adjoining the said commons 
and out-lots, as they shall think will be for the advantage of 
the University, who are to make a return of the said town 
plat and out-lots, describing their situation within the said 
townships, to this legislature at their next session, who shall 
receive such compensation for their services as the legisla- 
ture shall and may direct and allow. 



[Act of December e, 1 800, 2 sess. 1 G, A. T. p, 45.] 

An act confirming and establishing the Town of Athens in the county oi 
Washington. 
{Preamble,) 
Town of A- Sec. 1. That the return and report of the said Putnam, 
^f^\ ^^*^^' Crilman and Stone, be accepted and approved, and that the 
said town be confirmed and established by the name of the 
Proviso: trus- ^^^" ^^ Athens: Provided^ That the trustees of the Univer- 
tees may alter sity therein to be established, shall, have power to alter the 
P^^"' plan of the said town, by extending the house lots into the 

commons or out-lots which adjoin the town,, or by altering the 
streets, wdiere, on actual survey, they may find it necessary 
or convenient: Provided also^ That such alterations be made 
and a plat of the town, out-lots and commons, with a designa- 
tion of the uses of the commons, be recorded in the office of 
the recorder of the proper county, prior to the offering to 
lease any of the said lots. 
Two lots re- ^^^* ^' That the house lots numbered fifty-five and fifty-six 
served for in the said town of Athens, or some other two lots therein, 
public use. equally well situated, to be designated and set a part, by the 
trustees of the said University when appointed, and shall be 
reserved for the accommodation of public buildings that may 
be necessary to be erected for the use of said town and 
county in which it may be situated; which two lots, when 
agreed upon by said trustees, shall be particularly noted on 
the plat of said town, and vest in the county, to and for the 
uses designed thereby. 



[Act of January 9, 1 802, 1 scss. 2G.A.T.p.\6\ .] 

An act establisliing an University in the town of Athens. 

Freamblc, Whereas institutions for the liberal education of youth, ai' 
essential to the progress of arts and sciences, important. 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 221 

to morality, virtue and religion; friendly to the peace, 
order and prosperity of society, and honorabte to the 
government that encourages and patronizes them — and 
whereas the Congress of the United States did make a 
grant of two townships of land, within the purchase 
made by the Ohio Company of Associates, for the en- 
couragement and support of an University therein; and 
whereas the interference of the legislature is rendered 
necessary, to point out and direct the mode in which the 
same shall be brought into operation, that the benefits of 
the grant may be applied to the purposes designed: — 
Therefore, 

Sec. I. That there shall be an University instituted ^^ ^ ^^iy^/!'}^ ^"'' 
established in the town of Athens, in the ninth township of ^^ 
the fourteenth range of townships, within the limits of the 
tract of land purchased by the Ohio Company of Associates, 
by the name and style of the '^American Western University,'* 
for the instruction of youth in all the various branches of the 
liberal arts and sciences, for the promotion of good educa- 
tion, virtue, religion and morality, and for conferring all the 
degrees and literary honors granted in similar institutions. 

Sec. 2. That there shall be and forever remain in the said Body politic 
University, a bodv politic and corporate, bv the name and ^^^ corporate 
style of "The President and trustees of the American West- '''^''^^''^'"^' 
em University," which body politic and corporate shall con- 
sist of the president ex-officio^ and not more than seventeen 
nor less than eleven trustees, to be appointed as herein after 
is provided. 

Sec. 3. That the Hon. Rufus Putnam, Joseph Oilman, Persons incor^ 
Return Jonathan Meigs, jun. and Paul Fearing, Esquires, the P'^'^^t^d. 
Reverend Daniel Story, Griffin Greene, Robert Oliver, Eb- 
enezer Sproat, Dudley Woodbridge and Isaac Pierce, Es- 
quires, together with the president of the said University, 
for the time being, to be chosen as herein after directed, be, 
and hereby are created a body politic and corporate, by 
the name of "The President and Trustees of the American 
Western University," and that they and their successors, and 
such others as shall be duly elected members of the said cor- 
poration, sliall be and remain a body politic and corporate, in 
law, by that name forever. 

Sec 4. That the said trustees shall have power and au- Powers of the 
thority to elect a president, v\ho shall preside in the Univer- *^"^*^^^' 
sity, and also to appoint a secretary, treasurer, professors, 
tutors, instructors, and all such officers and servants in the 
University as they shall deem necessary for carrying into 
eflfect the designs of the institution, and shall have authority, 
i'rom time to time, to determine and establish the name, num- 
bers and duties of all the officers and servants to be em- 
ployed in the University, except wherein provision is other- 
wise made by this act^ and may empower the president, oi 



S22 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS* 



-proviso. 



some other member of the corporation to administer such 
oaths as they shall appoint and determine, for the well or- 
dering and good government of the University: Provided 
nevertJieless^ That no corporation business shall be transacted 
at any meeting unless seven of the trustees, at least, shall be 
present. 
Rules, orders, Sec. 5. That the said corporation shall have power and 
and by-laws authority, from time to time, to make and ordain reasonable 
jnaybe made- ^^\q^^ orders and by-laws for the government of the corpo- 
ration, not incompatible v»^ith the constitution, laws and or- 
dinances of the United States, the acts of the territory, or the 
laws of the state in which the University is or may be found- 
ed, and the same to repeal as occasion may require, and also 
to determine the salaries, emoluments and tenures of their 
several officers. 

Sec. 6. That the said corporation shall have power and 
authority to suspend, dismiss and disfranchise the president 



Officers, &c. 
may be re- 
moved. 



Coi^poration 
may fill va- 
cancies. 



or any member of the said corporation, who shall by his 
misconduct render himself unworthy of the office, station 
or place he sustains, or who from age or other infirmity, is 
rendered incapable to perform the duties of his office. And 
the said corporation shall have power and authority to sus- 
pend, dismiss, disfranchise and remove from the University, 
any professor, instructor, or resident student or servant, 
whenever the corporation shall deem it expedient for the 
interest and honor of the University. 

Sec. 7. That whenever the president or any member of 
the corporation shall be removed by death, resignation, or 
otherwise, during the recess of the legislature, the corpora- 
tion shall hold a meeting (due notice of the design ol which 
meeting shall be given to the several members) for the sup- 
plying such vacancy, who shall continue in office until the end 
of the next session of the legislature and no longer, by virtue 
of such appointment; and in order to choose a president or 
member of the corporation, there shall be, at least, two thirds 
, of the whole number of said trustees present, and the said 

election shall be by ballot. 
I.oc-i«latare to ^^^* ^* That when any member of the corporation shall 
fill "vacancies, be removed by death, resignation or otherwise, such vacancy 
shall be supplied at the next jneeting of the legislature of the 
territory or state. 
ofyle of the Sec. 9. That the president -^^id such professors, tutors and 
President and instructors as the corporation shall appoint for that purpose, 
"' "^ shall be styled "The Faculty of the University," and shall 

have power and authority^ from time to time, to ordain, regu- 
late and establish the mode and course of education and 
instruction to be pursued in the University, and also to make 
public a^d execute such code of rules, regulations and by- 
laws, as t''\ev '^hall deem necessary for the well ordering and 
good government of the University, and to repeal or aragnd 



Professors, 



\ 

LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOL*. 22S 

any part thereof, which rules, regulations and by-laws shall 
continue in force till altered or disapproved of by the corpo- 
ration. And it shall be the duty of the faculty, to lay before Their poweiS 
the corporation, from time to time, accurate statements of all and duty. 
their proceedings; and the faculty shall direct and cause to 
be holden in the said University, quarterly in every year, a 
public examination, at which time the faculty shall attend, 
Tvhen each class of the students shall be examined, relative 
to the proficiency they shall have made in the particular arts 
and sciences, or branches of education in which they shall 
have been instructed. 

Sec. 10. That the said corporation may have and keep one Seai. 
common seal, which they may change, break or renew at plea- 
sure; and that all deeds and instruments of writing, signed 
and dehvered by tlie treasurer, and scaled with the corpora- 
tion seal, by order of the president and trustees, shall, when 
made in their corporate name, be considered in law as the 
deed and act of the corporation. And the said corporation ^ 
shall be capable of suing and being sued, pleading and being jnay^ne and 
impleaded, in any action, real, personal or mixed, and the be sued. 
same to prosecute and defend to final judgment and execu- 
tion, by the name of "The president and trustees of the Ame- 
rican Western University: ^^ Provided^ That vrhenever any suit 
shall be commenced against the said corporation, the process m. 
shall be summons, and the. service made by the officer leaving and manner 
an attested copy of such process with the treasurer of the of service, 
said corporation, at least twenty days before the return day 
of such process; and the said corporation shall be capable of 
having and holding, and taking in fee simple or by any less 
estate by gift, grant, devise or otherwise, any lands or other 
estate, real or personal. 

Sec. 11. Whereas the Congress of the United States have Preamble- 
given, perpetually, for the use and benefit of an University, 
the two townships numbered eight and nine, in the four- 
teenth range of townships, in the grant of land made by Con. 
gress to the Ohio Company of Associates: Therefore, 

That the said two townships numbered eight and nine. Townships 8 
in the said fourteenth range of townships, be, and the same?^^^^ vested 
are hereby vested in the said corporation, which by this ration, 
act is erected, and in their successors forever, for the sole use, 
benefit and support of the said University, to be holden by the 
said corporation, in their corporate capacity, with full pow- 
ers and authority to divide, sub-divide, settle and manage the its powers 
same, by leasing the said land for such times or such terms, over them, 
and in such w^ay and manner as the said corporation shall 
judge will best promote the interest and welfare of the said 
University: Provided^ That no lease shall be made for a longer 
term of time than twenty-one years; ard the tenants or les-Provis.» 
«ees of the said University land, appropriated and rested as 



224 



lANDS FOR THE SUPPORT OF THE GOSPEL Al^D SCHOOL^* 



Appropria- 
tion of rents 
and profits. 



Proviso. 



Treasurer to 
give bond. 



Lands and 
buildinj^s ex- 
empt from 
taxation. 



Proviso. 



Proviso. 



aforesaid, shall enjoy and exercise all the rights and privi^- 
leges of citizens which they would be entitled to and enjoy^ 
did they hold the same lands in fee simple, any law to the 
contrary notwithstanding. 

Sec. .12. That the clear annual rents, issues and profits, of 
all the estate, real and personal, of which the said corpora- 
tion shall be seized or possessed, in their corporate capa- 
city, shall be appropriated to the endowments of the said 
University, in such manner as shall most effectually promote 
virtue, morality, piety and the knov^?ledge of such of the 
languages and of the liberal arts and sciences, as shall here* 
after be directed, from time to time, by the said corporation: 
Provided^ nevertheless^ That in case any donation shall here- 
after be made for particular purposes, relative to the design 
-of this institution, and the corporation shall accept and re- 
ceive the same, every such donation shall be applied in con- 
formity to the intention and direction of the donor or donors* 

Sec. 13. That the treasurer of the said University shall, 
before be enters upon the execution of the duties of his office, 
give bonds to the said corporation, in such sums and with 
such sureties, as they shall approve of, conditioned for the 
faithful discharge of the duties of the said office, and for 
rendering a just and true account of bis doings therein, when 
required ; and also for delivering over to his successor in 
office, all monies, securities and other property that shall 
belong to the president and trustees of the said University* 
together with all the books and papers in which his proceed- 
ings as treasurer shall be entered and kept, that shall be in 
his hands at the expiration of his office, and all money that 
shall be recovered by virtue of any suit at law, upon suck 
bond, shall be paid over to the president and trustees afore- 
said, and be subjected to the appropriations above directed 
in this act. 

Sec. 14. That the lands in the two townships, appropri- 
ated and vested as aforesaid, with the buildings which may 
be erected thereon, for the accommodation of the president, 
professors and other officers, students and servants of the Uni- 
versity, and any buildings appertaining thereto, and also the 
dwelling-houses and out-houses, or other buildings of the 
tenants or lessees, now erected and built, or which may here- 
after be built and erected, on the lands within the said town* 
ships, shall forever be exempted from all territorial and state 
taxes: Provided nevertheless^ That such exemption shall not 
exclude them from enjoying and exercising all the rights and 
privileges which otherwise they would be entitled to, under 
the eleventh section of this act: Provided also, That nothing 
in this section contained shall be construed as an exemption 
of the land, houses and other property, which now is, or here- 
after may be, found or built within the said townships, frortt 
the payment of county taxes, rates and levies j but the said 



LANDS rOR THE SUPPORT OF THE GOSPEL AND SCHOOLS/ ^25 

land, houses and other propropertj, now or hereafter to be 
found in the said townships, are hereby declared subject to the 
payment of county taxes, rates and levies, in the county in 
which the said townships are or shall be situated, any thing 
in this section to the contrary tliereof notwithstanding; Arid 
provided also^ That tb.e polls and personal estates of such per- 
sons as may and shall live within the said townships, shall be ^^o"^*^<?' 
and remain subject to taxation in common with those of 
other citizens Avithin the territory or state in which the same 
may be. 

Sec. 15. That it sliall be lawful for the aforesaid corpo- Trustees mjiy 
ration, or for the trustees acting under this act as herein after ^*^'^^^ ^J® 
mentioned, to lease for a small annual rent, on condition of a^^^^^' ** 
capital sum being paid in hand or secured to be paid, the 
whole or any part of the house, lots, and out lots of live acres 
in the town of Athens, laid out agreeably to a resolution of 
the General Assemby of the Territory, made and approved 
December the eighteenth, one thousand seven hundred and 
ninety-nine, by Rufus Putnam, Benjamin Ives Gil man and 
Jonathan Stone, Esquires, a committee in the said resolution, 
named and appointed for that purpose ; and the capital sum 
or sums of money, which shall be so received, or so much j^gj^lgj^ 
thereof as the corporation shall judge expedient, shall be ap- plied. "^ 
plied by the trustees to the purpose of erecting buildings for 
the accommodation of the president, officers and students 
of the University. 

Sec. 16. That the before named trustees and their sue- Trustees may 
cessors, and such others as shall be duly elected members of elect a presi- 
the said corporation, be, and they are hereby empowered ^^^' 
to elect a president of the said University, whenever they 
shall judge it expedient. 

Sec. 17. That until a president of the said University Who shall 
shall be elected, and shall have entered upon the duties of supply vacan* 
his office, and also in all cases of a vacancy or the absence of ^^* 
the president, the said trustees shall appoint one of their 
members to preside in their meetings, and all the doings and 
acts of the trustees, while acting under such circumstances, 
shall be considered in law as the doings and acts of the cor- 
poration, as fully and completely as when the president of the 
University shall be in office and preside. 

Sec. 1 8. That the legislature of the territory or the legis- Powers r^ 
lature of the state within which the said University is or served. 
may be founded, may grant any further and greater powers 
to, or alter, limit or restrain any of the powers by this act 
vested in the said corporation,* as shall be judged necessary 
to promote the best interest and prosperity of the said Uni- 

*By the act of Feb. 18, 1804, this corporation is dissolved, so far as the 
creation of another, with different privileges and powers, can work a dis- 
solution. It is, however, presumed, that it must still operate upon con- 
tacts made in con/ormitj with its provisions. Hence it is here inserted. 



226 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 



Hon R Put- "^^^^"^^^7? ^'^^^ ^^^^ necessary powers and authority for the bet- 
nam may call ter aid, preserTation and government thereof. 
first meeting. Sec. 19. That the Hon. Rufus Putnam, Esquire, shall be , 
and he is hereby authorized and empowered, to fix the time 
and place for holding the first meeting of the said corporation, 
of which he shall give notice in writing to each member, at 
least fourteen days previous to such meeting. 



[ResolutLonp/ April 16, 1803, 1. -v. L. O. p. 148] 

Resolved^ That Samuel Carpenter, James Wells and Henry 
poiuteYto^^" Abrams, be appointed commissioners to appraise the land 
value lands in mcluded within the two college townships in the county of 
Athenso Washington, at its real value in its original and unimproved 

state ; to divide and value said land into four different quali- 
ties or rates, and make return of the quantity conta.ined in 
each division as near as may be, and the value thereof, to 
the next General Assembly, on oath. And that the said 
commissioners also value the land in its .present situation, 
mentioning the number of houses and quantity of cleared 
land contained within the two townships. 

Resolved^ That the trustees appointed by the act, entitled. 
"An act establishing an University in the town of Athens," 
be and they are hereby required, to report to the next Gene- 
ral Assembly of this state, what measures they have taken 
to carry the said act into operation. 



[Act of February, 1 8, 1 804, 2 v. L. O. p. 1 93.] 

An act establishing an University in the town of Athens. 

?reamble. Whereas institutions for the liberal education of youth, are 
essential to the progress of arts and sciences, important 
to morality, virtue and religion, friendly to the peace, 
order and prosperity of society, and honorable to the 
government that encourages and patronizes them: 
Therefore, 
Universify Sec. 1. That there shall be an University instituted and 

established, established in the town of Athens, in the ninth township of 
the fourteenth range of townships, within the limits of the 
tract of land purchased by the Ohio Company of Associates, 
by the name and style of \hc "Ohio University," for the in- 
struction of youth in all the various branches of liberal arts 
and scierices, for the promotion of good education, virtue, 
religion and morality, and for conferring all the degrees ajjd 
literary honors granted in similar institutions. 



LANDS rOR THE SUPPORT OT THE GOSPEL AND SCHOOtS* 2^7 

Sec. 2. That there shall be and for<*ver remain in the said Corporate 
University, a body politic and corporate, by the name and ° ^ * 
style of "The President and Trustees of the Ohio Univer- 
sity;" which body politic and corporate shall consist of the 
governor of the slate, (for the time being) the president, and 
not more than fifteen nor less than ten tiiistees, to be appoint- 
ed as herein after is provided. 

Sec 3. That Elijah Backus, Rufus Putnam, Dudley Wood- Persons ap^ 
bridge, Benjamin Tappan, Bazaleel Wells, Nathaniel Massie, P;;^^^*'^^ ^^■"'■• 
Daniel Symmes, Daniel Story, Samuel Carpenter, the Rev. 
James Kilbourn, Griffin Greene, senior, and Joseph Darlin- 
ton. Esquire?, together with the governor as aforesaid, and 
the president of the said University (for the time being) to be 
chosen as herein after directed, be, and the same are hereby 
created, a body politic and corporate, by the name of "The 
President and Trustees of the Ohio University ;" and that 
they, and their successors, and such others as shall be 
duly elected members of the said corporation, shall be and 
remain a body politic and corporate in law, by tliat name 
forever. 

Sec. 4. That the said trustees shall have power and au- Powers of tie 
thority to elect a president, who shall preside in the Univer- ^^^^^*^^^* 
sity, and also to appoint a secretary, treasurer, professors,, 
tutors, instructors, and all such officers and servants in the 
University as they shall deem necessary for the carrying mto 
effect the designs of the institution, and shall have authority, 
from time to time, to determine and establish the name, num- 
bers and duties of all the officers and servants to be employ- 
ed in the University, except wherein provision is otherwise 
made by this act, and may empower the president or some 
other member of the corporation, to administer such oaths 
as they shall appoint and determine, for the well ordering 
and good government of the University: Provided nevertheless^ Proviso, 
That no corporation business shall be transacted at any 
meeting, unless seven of the trustees, at least, shall be pre- 
sent. 

Sec. 5. That the said corporation shall have power and Rules, by- 
authority, from time to time, to make and ordain reasonable ^aws,&c.maj 
rules, orders and by-laws for the government of the corpora- ^^ "^^^^■ 
lion, not incompatible with the constitution, laws and ordi- 
nances of the United States or this state, and the same to 
repeal as occasion may require, and also to determine the 
salaries, emoluments and tenures of their several officers. 

Sec 6. That the said corporation shall have power and Officers may 
authority to suspend or remove the president or any member ^® ren^ow 
-of the said corporation, who shall, by his misconduct, render 
himself unworthy of the office, station or place he sustains, 
or who, from age or other infirmity, is rendered incapable to 
perform the duties of his office ; and the said corporation 
fhall have power and authority to suspend or renaove frojofi 



228 



tANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS* 



Corporation 
may fill va- 
caocies. 



the University, any professor, instructor or resident student>, 
or servant, whenever the corporation shall deem it expedient 
for the interest and honor of the University. 

Sec. 7. That whenever the president or any member of 
the corporation sliall be removed, by death, resignation or 
otherwise, during the recess of the legislature,* the corpora- 
tion shall hold a meeting (due notice of the design of which 
meeting shall be given to the several members) for the sup- 
plying such vacancy ; and the person elected shall continue 
in office until the end of the next session of the legislature, 
and no longer, by virtue of such appointment; and in order 
to choose a president or member of the corporation, there 
shall be, at least, two-thirds of the whole number of said 
trustees present, and the said election shall be by ballot. 

Sec. 8. That when any member of the corporation shall 
be removed by death, resignation or otherwise such vacancy 
shall be supplied at the next meeting of the legislature of the 
state. 
Power of the ^^^* ^' That the president and such professors, tutors and 
Faculty of the ii^structors, as the corporation shall appoint for t!iat purpose. 
University, shall be styled, "The Faculty of the University," and shall 
have power and authority, from time to time, to ordain, regu- 
late and establish, the mode and course of education and 
instruction to be pursued in the University, and also to make, 
publish and execute, such code of rules, regulations and by- 
laws, as they shall deem necessary for the well ordering and 
good government of the University, and to repeal or amend 
any part thereof; which rules, regulations and by-laws shall 
continue in force until altered or disapproved of by the cor- 
poration; and it shall be the duty of the faculty, to lay be- 
fore the corporation, from time to time, accurate statements, 
of all their proceedings; and the faculty shall direct and 
cause to be holdenin the said University, quarterly, in every 
year, a public examination, at which time the faculty shall 
attend, when each class of the students shall be examined 
relative to the proficiency they shall have made in the parti- 
cular arts and sciences, or branches of education in which 
they shall have been instructed. 
Seal of the ^^^* ^^' That the said corporation may have and keep 

corporation, one Common seal, which they may change or renew at plea- 
sure; and that all deeds or instruments of writing, signed 
and delivered by the treasurer, and sealed with the corpora- 
tion seal, by order of the president and trustees, shall, when 
made in their corporate name, be considered in law as the 
deed and act of the corporation; and the said corporation 
shall he capable of suing and being sued, pleading and being 
ri/faysue, &c. impleaded, in any action, real, personal or mixed, and the. 
same to prosecute and defend to final judgment and execu- 
tion, by the name of "The President and Trustees of the Oliia 
Vtovi^Q, University:" Provided, Th^t when any suit shall be commen- 



LANDS FOR THE SUFPORT OP THE GOSPEL AND SCHOOLS. SStJ' 

ced against the said corporation, the process shall be by sum- 
mons, and the service made by the officer leaving an attested 
copy of such process v/ith the treasurer of the said corpora- 
lion, at least twenty days before the return day of such pro- 
cess; and the said corporation shall be capable of having, 
holding and taking, in fee simpfe, or any less estate, by gift, 
grant, devise or otiierwise, any lands or other estate, real or 
pcrsonah 

Sec. 11. That the two townships numbered eight and Townships 
nine^ in the fourteenth range of townships, within the grant i^"*^, ^ ^'^^^^^ 
of land. made. by Congress to the Ohio Company of Associ-J.atio^^.^°^^^ 
ates, be and they are hereby vested in the corporation, by 
this act created, in trust, for the sole use, benefit cind support 
of the said University, forever. 

Sec. 12. That one or more of the aforesaid trustees (to be Lands to be 
appointed by the board for this purpose) shall, within si^f jots am/aT>- 
months from the passage of this act, proceed (by the oath of praised. 
three disinterested and judicious freeholders) to lay'off the 
Jands in said township, (those included in the town of Athens 
excepted) or such part thereof as they may deem expedient, 
into tracts of not less than eighty nor more than two hundred 
and forty acres, and to estimate and value the same as in 
their original and unimproved state (for which service such 
compensation shall be allowed as the trustees shall think 
reasonable, to be paid out of the funds of the University) 
and having thus laid off and estimated said lands, the trus- 
tees, after giving four weeks notice in the newspaper printed 
at Marietta, shall proceed to make out leases of the said tracts ^'^^^^^ *^ ^® 
to such of the present occupante as shall apply for the same, feases made, 
within three months after such notice given, and to all per- 
sons that shall apply hereafter, for the term of ninety years, 
renewable forever, on a yearly rent of six per centum on the 
amount of the valuation so made by the said freeholders; 
and the land so leased shall be subject to a revaluation, at the 
expiration of thirty-five years, and to another revaluation at 
the expiration of sixty years, from the commencement of the Revaluation 
term of each lease; which revaluation shall be conducted ^° ^^^^ P^^^^' 
and made on the principles of the first, and the lessee shall 
pay a yearly rent of six per centum on the amount of the 
revaluation so to be made, and forever thereafter on a yearly 
rent equal to and not exceeding six per centum of the amount 
of a valuation to be made as aforesaid, at the expiration of 
the term of ninety years aforesaid (which valuation the trus- 
tees and their successors are hereby authorized and directed 
to make:) Provided hoivcvcr^ That such last mentioned rent 
shall be subject to the following regulations, to wit: At th^ i^Ttrbefp^' 
expiration of the aforesaid period of ninety years, three re- pointed. 
ferees shall be appointed, the first by the corporation of the 
University; the second, by the lessees, under the provisions 
of this section, of this aet, ^nd ^he third, by the two referees 



2S0 LANDS FOR THE SUPPORT OF THE GOS^PEL AND SCHOOLS^ 

thus chosen, (or in case either or both of the parties shall 
neglect to choose such referee or referees, or said referees 
shall neglect to choose an umpire,) the General x4ssembly, at 
its nest session, shall appoint such number of referees, not 
exceeding three, as the ca^e may require ; which referees 
ehall meet within a reasonable time, to be agreed on between 
them, at the town of Athens, and then and there determine 
on and declare the medium price per bushel of the article of 
wheat; which determination shall be grounded on a calcula- 
tion of the average price of said article at the town of Mari- 
. etta, for the five preceding j^ears; v/hich declaration shall 
be made in writing, and entered of record on the books of 
the corporation ; and at the commencement of each and every 
succeeding period of tw^enty years thereafter, the amount of 
rent for such period shall be fixed on and determined by 
referees, to be chosen upon the principles herein before 
directed, from a comparison of the aforesaid recorded price 
of wheat, with its average price at Marietta, for the five 
years, w'hich shall have been then last past; in which leases 
shall be reserved a right of distress and of re-entry for non- 
payment of rent, at any time after it shall have been due two 
Proviso: cor- months: Provided always^ That the said corporation shall 
disSain^ '"^^ have power to demand a further yearly rent on the said lands 
and tenements, not exceeding the amount of the tax imposed 
on property of like description by the state, which rents shall 
be paid at such time and place to such person and collected 
in such manner as the corporation shall direct. 

^Trustees to Sec. 13. That the trustees shall lay off the aforesaid town 
lay out town, of Athens, conformably to a plan made out by Rufus Putnani 
selflotf^exe- ^"^ others, in pursuance of a resolution of the territoral le- 
Gute leases, gislature of the eighteenth December, one thousand seven 
&;c. hundred and ninety-nine, with such variations how^ever, as 

they may find it expedient to make ; and the same being thus 
laid off, and a plat of the same with a designation of the uses 
of the several parts recorded in the office of the recorder of 
the proper county, and six weeks previous notice given, in at 
least tw^o of the new^spapers of this state, may proceed to sell, 
ii'om time to time, at public auction, such of the houses and 
out-lots as they may think proper, for which lots, on payment 
bemg made or satifactory security given, according to the 
conditions of such sale, they shall execute to the purchasers 
respectively, leases for the term of ninety years, renewable 
forever on a annual rent, equal to, and not exceeding, six per 
centum of the amount of the purchase money, which lots^ 
with the improvements which may be made on the same, shall 
be subject to such further yearly rent as may be equal to the 
tax imposed from time to time, on property of like value and 
description, by the state ; and they arc likewise authorized to 
deliver a reasonable compensation for the iynprovements 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 231 

which have been made on lands within the town of Athens, 
to be paid out of the funds of the University. 

Sec. 14. That the clear annual rents, issues and profits, Appmpriatioij. 
of all the estate, realand personal, of which the said cprpo-*^^'^^^^^'^^' 
ration shall be seized or possessed, in their corporate capa- 
city, shall be appropriated to the endowments of the said 
University, in such manner as shall most effectually pronaote 
the end of the institution: Provided nevertheless^ That any do- 
nation which shall hereafter be made and received for parti- Proviso, 
cular purposes, relative to the design of this institution, shall 
be applied in conformity to the intention of the donor or 
donors. 

Sec. 15. That the treasurer of the said corporation shall, be- Treasurer to 
fore he enters upon the duties of his office, give bonds to the^ve boad., 
said corporation, in such sum and with such sureties as they 
shall approve, conditioned for the faithful discharge of the 
duties of the said office, and for the rendering a just and true 
account of his doings therein, when required; and also, for 
the delivering over to his successor in office, all monies, secu- 
rities and other property, that shall belong to the president 
and trustees of the said University, together with all the 
books and papers in which his proceedings, as treasurer, shall 
be entered and kept, that shall be in his hands at the expira- 
tion of his office ; and all money that shall be recovered by 
virtue of any suit at law upon such bond, shall be paid over 
to the president and trustees aforesaid, and be subject to the 
appropriations above directed in this act. 

Sec 16. That the said corporation shall have full power? Corporatioji 
from time to time, to contract for, and cause to be erected? °^^J f ^^^^ 
such building or buildings as they shall deem necessary, for "^ ^^^^' 
the accommodation of the president, professors, tutors, pupils, 
and servants, of said University; as also, to procure the ne- 
cessary books and apparatus, for the use of said University, 
and shall cause payment therefor to be made out of the funds 
of the University, and shall reserve such lot or lots in said 
town of Athens, as they may deem necessary for the purposes 
aforesaid, and for the erection of buildings for the use of the 
town and county. 

Sec 17. That the lands in the two townships, appropri- Lands and 
ated and vested as aforesaid, with the buildings which are b"i^^ij?gs ex- 
or may be erected thereon, shall forever be exempted from t^ationr 
all state taxes. 

, Sec 18. That until a president of the said University Trustees maj 
shall be elected, and shall have entered upon the duties of appoint one of 
bis office, and also, in all cases of a vacancy or the absence t^iei"; n'J"aber 
of the president, the said trustees shall appoint one of their 
members to preside in their meetings, and all the doings and 
acts of tlie trustees, while acting under such circumstances, 
^hall bij considered in laAv as the doings and acts gf th^ cof- 



232$ LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 

poration, as fully and completely as when the president of 
the University shall be in office and preside. 
Gorernorto Sec. 19. That it shall be the duty of the governor to fix 
fix time of the time for holding the first meeting of th^ said corporation, 
first meeting, ^.j^-^j^ ^YislW be in the town of Athens, of which he shall give 
notice in writing, to each member, at least twenty days pre- 
vious to such meeting, and all subsequent meetings of the 
said corporation, shall be in the said town of Athens. 
velled^^' ^^' ^^^' ^^' '^^^^^ ^^1 ^^^s ^"^^^ parts of acts, containing any 
thing within the purview of this act, shall be and they arc 
hereby repealed. 



[Jld ofFebrimrt/ 21, 1805, 3 v. L. O. p. 79.] 

An act to amend an act, entitled "An act establishing an University in iht 
town of Athens." 

Appraisersap- ^^^* ^* That James Denny, Emanuel Carpenter, jun. Isaac 
pointed. Dawson, Pelatia White and Ezekiel Deming, residents of 
this state, are appointed appraisers of the two college town- 
ships, numbered eight and nine, in the fourteenth range of 
townships within the grant of land made to the Ohio Com- 
Their duty. P^-^V ^^ dissociates, and the said appraisers, or any three of 
^ them, on oath or affirmation, are hereby required to appraise 
the townships aforesaid, within nine months^ at the present 
real value as in its original and uncultivated state, and make 
report thereof to the board of trustees of the said University ; 
and the said trustees shall lease the same to any persons who 
have or may apply, agreeable to law, for the term of ninety- 
nine years, renewable forever, with a fixed annual rent of 
Proviso". six per centum on the appraised valuation: Provided^ That 

no lands shall be leased at a less valuation than at the rate of 
one dollar and seventy-five cents per aCre. 
When ap- ^^^* 2» That the commissioners aforesaid shall meet on the 

praisers shall first day of April next, at the town of Athens, who shall then 
meet. proceed to discharge the duties imposed on them by this act, 

and the act to which this act is an amendment, and the same 
to have performed within the time mentioned in this act. 
Trustees may ^^^' 3. That the trustees of the corporation of the said 
remove intru- University lands, are hereby authorized and empowered, to 
ders. remove, by due course of law, all persons living on said lands, 

in case such persons refuse or neglect to take leases within 
six months after the valuation of the lands aforesaid. 
Secretary of Sec. 4. That the secretary of this state shall cause notice 
v!^,^^-,^?."^^^^ to be given as soon as convenience will permit, to each of the 
-/ -?'** *-• commissioners aforesaid, of their oppointment under this act; 
and the commissioners respectively, on receiving the notice 
aforesaid, shall within a reasonable time thereafter, forward 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 233 

to the governor of this state, their determination to accept or 
not to accept toe appointment under tiiis act made. 

Sec. 5. That so much of the aforesaid act, passed the Part of act re* 
eigliteenth day of February, one thousand eight Imndred and P<^^^^^* 
four, as is coxitrary to this act, be and the same is hereby 
repealed. 

This act shall be in fbrc« from and after the passage Effeei. 
thereof. 



[Resolution of February 22, 1803, 3 r. L. O.jo. 459.] 

A resolution appointing tri>stees to the Ohio Universitj-. 

Resehed, That William Cveighton, junior, Joseph Buel},, 
Benjamin Tupper, Jacob Linley and Michael Baldwin, be, 
and they are hereby appointed trustees of the Ohio Uni- 
versity. 



[Act of January 17, .1 806, 4 v. L. O. p, 38.] 

An act supplementary to the act, entitled "An act to aiiiend an act, entitled 
"Ah act establishing an University in the town of Athens." 

Sec. 1. Tiiat Stephen Linley and William Skinner be Trustees ap- 
iidded to the board of trustees of said University. pointed. 

Sec. 2. That the trustees of the said University shall each rpu •„ 

be entitled to receive a sum sumcient to bear their expenses pensation. 
for all business performed under the autliority of the above 
recited acts : Providing the same shall not exceed one dollar 
and fifty cents for each day they shall be necessarily em» 
ployed, to be paid out of the funds of the said University, 



[Ad of January 23, 1807, 5 v, L. O, p. 85.], 

An act to amend the several acts establishing an University in the town of • 

Atheas. 

Sec 1. That the trustees of the Ohio University be, and Trustees may 
they are hereby 'authorized to lease the appraised lots of grant leases, 
land, lying in the two College townships, numbers eight and 
iiine^ in the fourteenth range of townships in the Ohio Com- 
panj-'s Purchase, that have been appraised at a less value 
than one dollar and seventy-five cents per acre at six per 
cent, on the appraised value. 

Sec 1. That the said trustees be, and they are hereby May appoint 
authorized to appoint appraisei-s, to appraise such parts of^ppraiser?. 

2 F 



234- 



LAKDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 



Part of act re^ 
pealed. 



Effect, 



the aforesaid townships, as have not been heretofore ap- 
praised, whenever they may deem it expedient. 

Sec. 3. That so much of the act, entitled "An act to 
amend the act, entitled "An act establishing an University 
in the town of Athens," passed the twentv-first day of Feb- 
ruary, one thousand eight hundred and five, as is contrary 
to the provisions of this act, be, and the same is hereby re- 
pealed. 

This act shall take effect, and be in force, from and after 
the passage thereof. 



[Ad of February 20, 1808, 6 v. L. O. p 172.] 

An act altering several acts, establishing an University in the town ct 

Atlicns. 



Freeholders. Sec. 1. That all persons residing in either of the two Col- 
lege townships, numbered eight and nine, in the Ohio Com- 
pany's Purchase and hold leases of land shall be considered 
as freeholders. • 



Part of act 
repealed. 



Sec. 2. That the second section of the act, entitled "An 
act supplementary to the act, entitled "An act to amend an 
act, entitled "An act establishing an University in the town of 
Athens," which allows a compensation to the trustees for 
their services, be, and the same is hereby repealed. 
Treasurer's & Sec. 3. That it shall be the duty of the treasurer of the 
collectors' du- corporation of the Ohio University, in all cases where the 
seerare delin-^^^^ of any person or persons have been due for two months, 
quent. immediately to transmit a certified copy, under his hand and 

the seal of said corporation, to the collector of the said cor- 
poration, an accurate list of all such delinquents, which said 
list, certified as aforesaid, shall be suftlcieiit power for the 
collector to distrain on the goods and chattels, of each and ev- 
ery delinquent, and the same to advertise in three public places 
in the township in which said goods and chattels are distrain- 
ed, ten days previous to the sale; and the said collector shall 
then- proceed to sell the same at public vendue, and the rent 
and costs forthwith to pay to the treasurer of said Ohio Uni- 
versity, and the overplus, if any, to refund to the dehnquent: 
and for want of goods and chattels to re-enter and take pos- 
session of the premises for the use of the trustees of the said 
University, as is provided by law: and the said collector 
shall receive the same compensation for bis services as 
Proviso. sheriffs do in similar cases: Provided hozocver^ That if any de- 

linquent or delinquents, shall think himself aggrieved, he shall 
have his action against the said treasurer or collector, (as the 
case maybe) or both, and shall recover all damages he may 
unjustly sustajn. 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS-. 235 

Sec. 4* That Eliphaz Perkins, Silvanus Ames, Jehiel '^"istccs ap- 
Gregory, Abel Miller, Leonard Jewitt, and Moses Hewitt, be po^^^ed. 
appointed in addition to the present number of trustees of 
said Ohio University. 

Sec. 5. That the said corporation shall have power and Number of 
authority to adjourn to any period ihcy may think proper; ^^'^^^^^^^* 
and the number of trustees of said University, shall never 
exceed nineteen, nor be less than eleven, any five of whom 
shall be a quorum to transact. any business of, said corpora- 
tion. 

Sec. G. That all laws, and parts of laws, that are contra- Laws repeals 
ry to the provisions of this act, be, and the same are hereby ed. 
repealed. 

This act to be in force from and after its passage. Effect. 



\Act of February 15, 1809,- 7 v. L. O. p. 167.] 

Ah act amendatory to the several acts appointing trustees to the Ohio Uni* 
versity, and for other purposes. 

Sec. 1. That Robert G. Wilson, Jesup N. Couch, John P. Trustees ap- 
H. Bureau, Elijah Hatch, junr. and Henry Abrams, be, and pointed. 
they are hereby appointed trustees of the Ohio University. 

Sec 2. That the trustees shall have power and authority. Trustees may 
until the year one thousand eight hundred and eleven, to re- ''^'^^^^"^ P'^*^' 
ceive of any of the lessees in payment of rent, such article or ^^^' 
articles of produce as may by them be agreed on at any regu- 
lar meeting of said trustees: Provided, it shall not exceed two- 
thirds of the annual rents. 

Sec 3. That nine of the trustees of said University, shall be ]y,jnjbpj. f.^ 
hereafter necessary to form a quorum to transact the bu si- form a quorum 
ness of said corporation, any law to the contrary notwith- 
standing. • 

Sec. 4. That the trustees shall have authority to resurvey. Lands to be 
or cause to be resurveyed, any large tract of land (at the re- lesurveyed. 
quest and expense of the lessee) and the same to lay off in 
such lots as they shall think will best promote the interest of 
said institution. 

Sec 5. That when a tract of land has beeh surveyed and Leases may 
leased to one or more persons, and by him or them sold to^® sued in 
one or more persons, he, she, or they, shall be entitled to re- Ji^iJlJeH. ^^ 
ceive from the treasurer of said institution, separate leases in 
their own names, by paying a reasonable compensation there- 
for, to be agreed on by the trustees, at a regular meeting. 

This act to take effect, and be in force, from and aftar its 
passage. 



236 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS? 



[Ad of January '28, 1811, 9 r. L. 0. p. 57.] 



An act to incorporate the to-\Tn of Athens, and for other purposes. 



Sec. 11. That the trustees of the Ohio University are 



Trustees of O. 

inay^lease^lots hereby authorized and directed to lease to the commissioners 

to the county of the county of Athens, for the time beir:g, in-lots number 

of Athens. thirty-five and thirty-seven, on which the court-house and 

jail now stand, and also in-lot number eighteen, reserved for 

the purpose of building a school-house and meeting-house, 

on a nominal rent for ninety-nine years, renewable forever; 

also, to lease on the terms aforesaid, the ground reserved for 

a burying ground. 

Effect. This act to be in force from and after the passa§:€ thereof. 



[Act of January 29, 1811, 9 v, L. O, p, 63.] 

An act to amend the act, entitled "An act amendatoryto the several acts 
appointing trustees to the Oliio University, and for other purposes," passed 
February fifteenth, one thousand eight hundred and nine. 

Part of act ^'^^* !• That the second section of the above recited act 

revived. be, and the same is hereby revived, and declared to be in 

force until repealed by a future legislature. 
p„ . This act to be in force from and after its passage. 



[Ad of February 15, 1812,.10 v. L. O. p. 96.] 

An act to amend the act, entitled "An act to incorporate the town of 
Athens, and for other purposes." 

Trustees of O. Sec. 1. That the trustees of the Ohio University arc 
University here^by authorized and directed to lease to the trustees and 
lease for nomi-^^^^^^ successors in office, of the town of Athens, town lot 
iial rent. number eighteen, reserved for the purpose of building a 
meeting-house and school-house thereon, for the use of the 
town aforesaid, on a nomiudl rent for ninety-nine years, 
renewable forever. Also, to lease on the terms aforesaid, 
the lot laid out for a burying ground, for the use of all who 
may wish to inter their friends therein. Also, to lease to 
the Methodist society in the town of Athens, on the terms 
aforesaid, a piece of the public commons which adjoins out- 
lot number sixty-one, beginning at the southeast corner of 
said iot; thence cast four chains; thence north eight chains; 
thence west four chains; thence south to the place of begin- 
ning; which lot, when laid out, shall be for the use of said 



LASTDS for THt SUPPORT OF THE GOSPEL AND SCHOOLS. 

Methodist society for the purpose of ahurying ground, and 
to build a raeetii^g-house thereon, and such other uses as the 
said ijociety may think proper, for the purposes of worship, 
agreeably to their profession and faith. 



[Jd of February 15, 1812, 10 r. L. O. p. 97.] 

' n act to authorize the trustees of the Ohiq Universit}' to issue orders in cer- 
tain cases, and for other pui-poses. 

{Preamble,) 

Sec. 1. That the trustees of said University be, and they Trustees au- 
hereby are authorized, from time to time, to loan, at the rate j'-o^zed to 

, . - ^ i. r ^i n -t- J r 1 loan the fund, 

ot six per centum per annum, any part o! the collected funds 

of the institution, not by them deemed necessary, immedi- 
ately to apply to the support and improvement of the semi- 
nary: Provided, That none be let or loaned for a longer time Proviso, 
than one year, and to no person whatever, unless good secu- 
rity be given for the punctual repayment thereof. 

Sec. 2. That it shall be lawful for the trustees afore- They may 
■said, if to them it seem for the benefit of said institution, to'i'^aw order?. 
anticipate the collection of the rents aforesaid, by issuing 
orders upon the treasurer in favor of any person or persons, 
oy way of loan: Provided ahcays, That when such orders are Proviso, 
given for the purpose of loaning as aforesaid, the person or 
persons applying therefor, shall give security as aforesaid for 
the faithful repayment of the amount thereof, with legal 
interest in one year from the date of such order or orders; 
and the orders so issued, annually, shall never exceed the 
whole amount of rents, payable the succeeding year; and 
such orders shall be negociablc, and shall be received by the 
collector or treasurer in payment of rents, or any other debts 
due from individuals to the said institution from the time 
such orders may he payable, and such orders shall not bear 
interest. 

Sec 3. That the trustees aforesaid shall, at their next Conditions of 
regular session, by an ordinance by them to be passed, estab- "^^^^"S ^o'^^^-" 
lish the form and conditions of making such loans, and the 
form and times of making application therefor, and also any 
proper regulations relative to the repayment of the sums 
loaned: Provided, airways, That no loan shall be made for a Proviso, 
smaller sum than fifteen dollars; ard such applicants as may 
desire small loans, not exceeding forty dollars, shall have the 
preference: Provided, Unexceptionable security be given as proviso., 
aforesaid; and for the purpose of enabling such applicants 
for small sums to obtain such preference, the trustees afore- 
said shall appoint the month of April, annually, during which 
>maU loans only shall be made. 



23S L.iNDS fOR THE SUPPORT OF THE GOSPEL AND SCHQOLS.. 

I^^To'riatll ^^^' ^* ^^^^ ^^^^ amount of interest made and collected. 

appropriacet . ^^ reason of any loan by this act authorized, shall be a fund* 
subject to pay the reasonable and contingCit expenditures 
incurred in the transaction of the business of said institu- 
tion, and subject to the order and appropriation of said trus- 
tees for such purpose. 



[Resolution of February 20, 1812, 10 d. L, O. p. 198.] 

■ Resolution appointing, trustees of the Ohio University. 

Resolved^ That Samuel P. Hildreth and Seth Adams, be 
and they are hereby appointed trustees for the Ohio Uniyer- 
sity, in place of Jehiei Gregory and John P. R. Bureau* 
resigned. 

{Ad of January 12, 1813, 11 z?. L. O. jt?. 27.] 
An act to enlarge the College green in the. town of Athens. 

P. & trustees Sec. 1. That the president and trustees of the Ohio Uni- 
oithe O^ Urn- yersity be, and they are hereby authorized, to vacate in-lots 
vacate lois*^ numbers fifty-five and fifty-six in the town of Athens, provi- 
ded, said lots remain unsold ; and the president and trustees 
aforesaid, are hereby empowered to purchase in-lots num- 
bers fifty-seven and fifty-eight, for a reasonable value, to be 
paid the proprietors thereof out of the funds of the Univer- 
sity, or to exchange therefor such other unsold lot or parcels 
of land belonging to the College township, as may best pro- 
mote the interest of the University, and that they be requir- 
ed to attach the ground vacated and purchased as aforesaid, 
to the College green in said town. 
A street may Sec. 2. Tha.t the president and trustees aforesaid, are 
fee extended, hereby authorized to extend Court-street south to the ex- 
treme point of in-lot number seventy-seven, in the town 
aforesaid. 



[Resolution of February 6, 1813, 11 i). jC. O.;?. 178.] 

Resolved^ That so much of the resolution, entitled "A re- 
solution for the election of a senator in Congress, and other 
officers," as requires that a trustee of the Ohio University, be 
elected, by ballot, be repealed, and that WiUiam Wilson., 
esquire, be appointed a trustee in the room of Joseph BuelK 
esquire, deceased.* 

*Nd such resolution as the one referred to ca,n be found. 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 23jdf 

[Resolution of February 16, 1815, 13^. L. O.;?. 332.] 

Resolved, That John LawreDce Lewis, esquire, and Joseph 
Wood, esquire, of Washington county; the Reverend James 
Culbertson, of Muskingum county; and Charles R. Siierman, 
of Fairfield county, be, and they are hereby appointed trus- 
tees for' the Ohio University, In place of Benjamin Tupper 
and Moses Hewett, deceased, and Henry Abrams, resigned," 
and Leonard Jewett, expelled. 



MIAMI UNIVERSITY. 

[Act of April 15, 1803, 1 v. L. O, p, 66.] 

An act to provide for the locating a College township in the district of Cin- 
cinnati. 

Sec. 1. Tlmt one complete township in the district of To^vnship for 
Cincinnati, or so much of any one complete township within f^"^^'^'^^^''^^, 
the same as may remain unsold together with as many ad- ^^ ^\^^ district 
joining sections as shall have been sold in the said township, of Cincinnati, 
so as to make in the whole thirty-six sections, shall be located 
and entered in due form with the register of the United 
States land office at Cincinnati, on or before the first day of 
October next, for the use and support of an Academy, in lieu 
of the College township heretofore granted in trust to John 
C. Symmes, and his associates, by the United States, and in 
pursuance of and agreeably to an act of Congress, entitled 
"An act in addition to and in modification of the propositions 
o.ontained in the act, entitled "An act to enable the people 
of the eastern division of the territory northwest of the 
river Ohio, to form a constitution and state government, and 
for the admission of such state into the union, on an equal 
footing with the original states and for other purposes." 

Sec. 2. That Jeremiah Morrow, Jacob White and Wil-^^°^^^j^'^^Pj' 
liam Ludlow, be constituted and the same are hereby consti- their duty, 
tuted and appointed commissioners, to do, perform, and trans- 
act . all and every matter and thing that is necessary to be 
done in locating and registering the said College township 
or thirty-six sections of land. And the said cpmmisioners 
after being duly sworn, faithfully to discharge their trust, in 
this behalf, shall proceed without loss of time, to explore the 
vacant or unlocated lands of the United States in the said 
district of Cincinnati, and after due examination shall select 
such tract or tracts (as the case may require) as are the most 
valuable, having due regard to the quality of the land, the 
situation for health, the goodness of the water, and the ad- 
vantage 9f inland navigatipp. And after the location shall. 



•240 LANDS FOR THE SUPPORT OF THE GOSPEL AIsD SCHOOL^, 

have been so made and registered, • the said commissioners 
shall procure two fair copies of the same location and entry 
from the register of the land office, one of which shall be 
traRsmitted to the secretary of the treasury of the United 
States and the other shall be deposited with the secretary of 
the State of Ohio: Promded kozuever^ That if any of the afore- 
said commissioners should die, remove or refuse to act, then 
and in that case the two remaining commissioners shall pro- 
ceed to locate and register the said College lands in the man- 
ner prescribed by this act. 



{Act of February/ 9, 1809, 7 v. L, O, p. 184.] 
An act to establish the Miami University, 

Universify Sec. 1. That there shall bean University established and 

estabhshecL instituted, in the manner hereafter directed, within that part 
of the country known by the name of Joim Cleves Symmes' 
Purchase, which University shall be designated by the name 
and style of the Miami University, for the instruction of youth 
in ail the various braaches of the liberal arts and sciences, for 
the promotion of good educa.tion, virtue, religion and morali- 
ty, and for conferring all tiae literary honors granted in similar 
institutions; and the benefits and advantages of the said Uni- 
versity shall be open to all the cit'zens w^ithin this state. 
Body politic. Sec. 2. That the president and trustees of the Miami Uni- 
versit}^, are hereby created a body politic and corporate by 
the name of '^The President and Trustees of the Miami Uni- 
versity," which body politic shall consist of a president and 
not more than fourteen, nOr less that seven trustees, whose 
time of service or appointment shall be for three years. 
Names oi'truE- Sec. 3. That Hiram. Mirach-Curry and William Ward, of 
tecs.- Champaign county; James Brown and David H. Morris, of 

Miami county; Yv'^illiam M'Clure and Benjamin Van Gleve, 
of Montgomery county; Benjamin Whiteman and Andrew 
Reed, of Greene county; John Bigger and Ichabod B.Halsey, 
of Warren county; John Reily and Thomas Irwin, of Butler 
county ; John Riddle and Joseph Vanhorn, of Hamilton coun- 
ty, together with the president for the time being, be, and 
they are hereby erected a body politic and corporate, by the 
name of the President and Trustees of the Miami University; 
and that they, and their successors and such others as shall 
be duly elected members of the said corporation, shall be and 
remain a body politic and corporate in law, by that name. 
, Sec 4. Tiiat the said trustees shall have power and au- 

Tresident? thority to elect a president, who shall preside in the said Uni- 
versity; and also to appoint a secretary, treasurer, collector, 
professors, tutors.iastructors. and all such officers and seiTants 



t-ANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS* 241 

miho Universit}', as they shall deem necessary for carrying in- 
to effect the design of the institution, and -^hall have authori- 
ty, from time to lime, to establish the name and number, and 
■prescribe the duties of all the otTicersand servants to be en>- 
ployed in the University, except herein otherwise provided, ^ 
and may empower the president or some other member of the 
corporation, to administer such oaths as they shall authorize, oaths. 
for tlie good government and- well -ordering of the said Uni- 
versitv: Provided, That no business of the corporation shall Proviso. 
be transacted at any meeting, unless seven of the said trus- 
tees shall be present. 

Sec. 5. That the said corporation shall have power and Rules, by- 
authority, from time to time-, to make and ordain rules, ordi-iaws, &c. 
nanees aijd by-laws, for the government of the corporation, 
not incompatible with the laws of the United States or this 
«tate,' and the same to repeal as occasion may require, and 
also to determine the salaries, emoluments and tenures of 
their several officers, [offices.] 

Sec. 6. That the said corporation shall have power and Corporation 
authority to suspend and dismiss the president, or any mem- "|j^^ ^^"^^^^ 
her of the said corporation, w^ho shall, by his misconduct^ ren- 
der himself unworthy of the office, station or place he sustains, 
or. who from age or other infirmity, is rendered incapable to 
perform the duties of his office ; and the said corporation shall 
have power And iauthority to suspend, dismiss and remove 
from the University, any professor or instructor, whensoever 
the corporation shall deem it expedient for the interest and 
honour of the University: Provided^ That two-thirds of the - 
corporation shall be present, w^hen any such person shall or 
mn.y be suspended, removed or dismissed. 

. Sec. 7. That the trustees shall have power to fill all vacan- Vacancies, 
cies, which may happen in their board* during the recess of^®^^^^^* 
the legislature, out of the counties where such vacancy shall 
happen^ who shall continue in office until the end of the next 
session of the legislature; and the president shall make re- 
port thereof to the governor, to enable him to lay the same 
before the next legislature. 

Sec. S. That the president and such professors as the cor- Facultj, 
poration shall appoint, shall be styled the faculty of the Uni- 
vcrsit}', and shall have powder with the approbation of the cor- 
poration or trustees, from time to time, to ordain, regulate and 
establish the mode and course of education and instruction to 
be pursued in the University, and also wdth the approbation 
of the corporation as aforesaid, to make public and execute 
auch code of rules, regulations and by-laws, as they shall deem 
necessary for the well ordering and good government of the May zn.a]«e 
University, and to repeal or amend any part thereof, which ^^^v'* 
rules, regulations and by-laws, shall continue in force until 
altered or repealed by the corporation, and the faculty shall 
l^y. before the corporation, from time to time, accurate state? 

2 G 



142" 



LAXDS FOR THE SUP|»ORT OF THE GOSPEL AXD SCHOOLS. 



Common seal. 



ments of all their proceedings; moreover, the faculty shall di- 
rect and cause tobeholdenin the said University, at least once 
in every year, a public examination, at which time the fa- 
culty shall attend, when each class of the students shall be 
examined relative to the proficiency they shall have made in 
the particular branches of education in which they shall have, 
been instructed. 

Sec. 9. That the said corporation shall have and keep 
one common seal which they may change, break or renew 
at pleasure, and that all deeds and instruments of writing, 
signed and delivered by the treasurer, and sealed with the 
corporation seal, by order of the president and trustees, shall, 
when made in their corporate name, be considered in law 
as the deed and act of the corporation, and the said- corpora- 
May sue and *^^^ ^^^^^ ^^ capable of suing and being sued, pleading and 
be sued. being impleaded in any action, real, personal or mixed, and 

the same to prosecute or defend to final judgment and exe- 
cution by the name of the president and trustees of the 
Miami University: Provided^ That whenever any suit shall 
be. commenced against the said corporation, the process shall 
be a summons, and the service made by the officer leaving 
an attested copy of such process with the treasurer of the 
said corporation, and the said corporation shall be capable of 
having and holding in fee simple, or any less estate, by gift, 
grant, devise or otherwise, any lands or other estate, real 
or personal. 

Sec. 10. Whereas the. Congress of the United States, by 
their act of the third of March, one thousand eight hundred 
and three, did vest in the legislature of the state of Ohio, 
one complete township in the state of Ohio, and district of 
Cincinnati, or so much of any one com.plete township within 
the samie, as there remained unsold, together with as mapy 
adjoining sections as should have been sold in the said town- 
ship, so as to make in the whole, thirty-six sections, to be 
located under the direction of the legislature of the state of 
Ohio, on or before the first day of October, then next, with 
the register of the lard office at Cincinnati, for' the purpose 
of establishing an Academy in lieu of the township then 
granted for the same purpose, by virtue of the act, entitled 
•"A;V act, authorizing the grant and conveyance of certain 
lands to John Cleves Symmes, and his associates." 

A^:'d v/hereas the said lands have been located and sur- 
veyed for the purpose aforesaid: Therefore, Be it further 
enacted', That the said lands, so as aforesaid', b(3, and the same 
are hereby vested in the said corporation, which, by this act 
is created, and their successors forever, for the sole use, 
benefit and support of the said University, to be holden by 
the said corporation, in their corporate capacity, with full 
pov/er and authority to divide, sub-divide and expose the same 
to sale in tracts of not less tlian eighty, nor more than one 



r?camble. 



Corporation 
to sell lands. 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 543 

hundred and sixty acres, and for the term of ninety-nine 
year?, renewable forever, subject to a valuation every fifteen 
years, always considering the land in an unimproved state, 
for the purpose of valuation, and provided that the land shall 
be olfered at auction for not less than two dollars per acre, Condition?*, 
and the tentints or lessees shall pay six per cent, per annum on 
the amount of their purchase, during the continuance of their 
leases; and the said tenants or lessees shall enjoy and exer- 
cise all the rights and privileges which they would be entitled 
to enjoy, did they hold the said lands in fee simple, any law 
to the contrary notwithstanding: Provided^ That the trustees 
shall have power to reserve one mile square, for the purpose ^^*^^'*^* 
of laying out a town, which they may lay out and lease in 
lots of such size, as they, or a majority of them, shall think 
proper. 

Sec. 11. That the clear annual rents, issues and profits of Proceeds how 
all the estate, real, personal or mixed, of which the said cor- ^PP'^^P"*^^'^^ 
poration shall be seized or possessed in their corporate capa- 
city, shall be appropriated to the endowment of the said Uni- 
versity, ill such manner as shall most effectually promote vir- 
tue, morality, piety and knowledge of such languages, liberal 
arts and sciences, as shall' hereafter be directed, from time to 
time, by said corporation : Provided^ That in case any dona- Provisp> 
tion shall hereafter be ma<le for particular purposes, relative 
to the design of this institution, and the corporation shall ac- 
cept and receive the same; every such donation shall be ap- 
plied in conformity to the intention, to [of] the donor. 

Sec. 12." Tliat the treasurer of the said University shall Treasurer, 
be chosen by the trustees once in three years, who shall not be ^'^^^^ chosep: 
of the body of trustees ; he shall, before he enters upon the 
duties of his office, give bond to the corporation, in such sum, 
ami with such security, as the said corporation shall approve, ^°°^' 
conditioned for the faithful discharge of the duties of said 
office^ and rendering a just and true account when thereunto 
required, and also for delivering over to his successor in^*^*^' 
office, all monies and securities, and other property that shall 
belong to the president and trustees of the said University, 
together with all the books and papers in which his proceed- 
ings as treasurer shall be entered and kept, that shall be in 
his hands at the expiration of his office, and all money that 
shall be recovered by virtue of any suit at law, upon such 
bond, shall be paid over to the president and trustees afore- 
said, and be subject to the appropriations above directed in 
this act. 

Sec. 13. That the lands appropriated and vested in the Land exempt 
corporation, with the buildings which may be erected thereon ^^^^ taxes, 
for the accommodation of the president, professors and other 
officers, students and servants of the University, and any 
buildings appertaining thereto; and also the dwelUng-house 



244 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS; 



ijegislatnro 
may limit 
powers. 



Distress for 
r^nt allowed 



and other buildings which may be built and erected on the 
lands, shall be exempt from all state taxes. 
Trustees may Sec. 14. That until a president of the said University shall 
the^rbod^^^ •^^'^^ elected and shall have entered upon the duties of his office, 
sident. ^^^ ^^so in case of vacancy or the absence of the president, 

the said trustees shall appoint one of their body to preside, 
and all the proceedings of the trustees, while acting under 
such circumstances, shall be considered in law as the acts of 
the corporation, as fully and completely as when the presi- 
dent of the University shall preside. 

Sec. 15. That the legislature of this state may grant any fur- 
ther and greater powers to, or alter, limit or restrain in any 
of the powers by this act, vested in the said corporation, as 
shall be necessary to promote the best interest of the said Uni- 
versity, with all necessary powers and authority for the bet- 
ter aid, preservation and government thereof. 

Sec. 16. That the treasurer shall, in ail cases, where the- 
rent of any person or persons have been due for three months, 
immediately transmit a certified copy under his hand and 
seal of the said corporation, to the collector of the said cor- 
poration, an accurate list of all such delinquents, which said, 
list, certified as aforesaid, shall be sufficient power for said 
collector to distrain on the goods and chattels of each and 
every delinquent; and the same to advertise in three public 
places in the township in which said goods and chattels are 
distrained, ten days previous to the sale ; and the said collec' 
tor shall then proceed to sell the same at public vendue, and 
the rents and costs forthwith to pay to the treasurer, and the 
Re-entry al- overplus, if any, to refund" to the said delinquent. But for 
vame^t^r^' ^^^^ ^^ goods and chattels wheceon to levy, then to re-enter 
and take possession of the preinis'es for the use of the trus- 
tees of the said University; and the said collector shall re- 
ceive the same compensation for his services as sheriff's do 
in similar cases: Provided however^ That if amy delinquent or 
delinquents shall think himself aggrieved, he shall have his 
action against the said treasurer, or collector (as the case 
may be) or both, and shall recover all damages which he 
may have unjustly sustained. 

Sec 17. That Alexander Campbell, the Rev. James Kil- 
bourn, and the Rev. Robert G. Wilson, be, and they are 
hereby appointed commissioners, who shall fix on the place 
for the permahent seat of the University, and shall receive 
such compensation out of the state treasury, as the ensuing 
legislature shall direct. 

Sec 18. That the commissioners aforesaid, shall meet on 
the first Tuesday in June next, in the town of Lebanon, in the 
county of Warren, and after having taken an oath or affir- 
mation, before some officer legally authorized to administer 
the same, liiithfuily to discharge the duties assigned them by 
this act, shall then proceed to examine and select the ipost 



rent. 



Fi50Yiso. 



Commission- 
ers to locate 
University. 



When fo 
meet. 



Oath; 



<■ LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 'i-'l,"* 

proper place for the seat of the University, in such part of 
John Cleves Symmes' Purchase, as an ehgible place can he 
found, paying regard to the health and convenience of the situ- 
ation, and such other circumstances as in their opinion will 
tend to advance the interest and promote the welfare of the 
institution, and the decision of a majority of all the commis- 
sioners in favour of any one place, shall be sufiicient for fix- 
ing the scat of the said Univcrsitj^ : and it shall be the duty- 
of the trustees, at least twenty- days previous to the meeting of 
the commissioners, to have their [the] time and place published Timeof mept- 
in at least three newspapers, within John Cleves Symmes' ing to be pub- 
Purchase; and the commissioners, or such of them, as may at- ^^^'^^ 
tend on the day above required for their attendance, shall 
have power to ajdjourn to such time and place within said ;q^Ij^] ^^ 
district, as they may think proper, until they have performed 
the duties required of them by this act: and the commission- 
ers shall have power to receive any gift or donation, for the n^av^brr?- 
benefit of the institution, which may be given by any indivi- ceived. 
dual or body corporate, and the same to deliver over to the 
trustees, who shall apply such donation or gift to the pur- 
poses for which it was intended by the donor. 

Sec. 19. That the first meeting of the said corporation First meeting 
shall be at the town of Lebanon, m the county of Warren, °/ ^^^P^^^^^- 
on the first Tuesday in April next, and forever after the cor- 
poration shall have full power and authority to determine 
ilieir own time and places of meeting. 

Sec. 20. That in case either of the aforesaid commission- Governor 
♦=rs shall neglect or refuse to act, the governor is hereby ™^^ ^PP^'"** 
authorized to appoint; and should the time fixed on by this 
act for them to meet, have expired, to direct at what time 
ihev shall meet. 

This act to take effect, and be in force, from and after the Effect. 
passage thereof. 



[.^d of February 6, 1810, 8 r. L. O. p, 94.] 

An act to amend an act, entitled "An act to establish the Miami Uni- 

rersity." 

Sec. 1. That the trustees of the Miami University, shall Trustees to 
cause a town to be laid off, on such part of the land describ- lay out a 
ed in said act, as they nviy think proper, to be known by the ford^"^""^' 
name of Oxford, to consist of such number of in and out-lots, 
and of such size as they may deem proper: and the same be- 
ing thus laid off, and the plat, with a designation of the seve- ^^^J *^ ^V^" 
ral parts, recorded in the office of the recorder of the county ^^^ ^ 
of Butler, and four weeks previous notice being given, in at 
• oast three of the newspapers in thisistate. may proceed to 



aAi> 



LANDS FOR Ti?E SUPPORT OF THE GOSPEL AND SCHOOLS. 



Conditions. 



Other build. 
Ing3 to be 
erected* 



Noficeof sale, sell, from time to time, at puLHc auction, such of the town and 
out-lots, as they may think proper; for which lots, on pay- 
ment being made, or satisfactory security being given, ac- 
cording to the conditions of sale, they shall cause to be exe- 
cuted to the purchasers, respectively, leases for the term of 
ninety-nine years, renewable forever, on an annual rent of 
six per centum, on the amount of the purchase money. 

Sec. 2. That the said University is hereby established on 
said land, on such place thereof, as the trustees may think 
proper; and that they are authorized arid directed to cause 
such. building or buildings to be erected, as they shall deem 
necessary for the accommodation of the president, professors, 
tutors, pupils and servaiits of said University, and also, to 
procure the necessary hooks and apparatus, for the use of 
said University, and shall cause payment to be made out of 
the funds of the Universiiy. 

Sec. 3. That the following named persons be added to the 
board of trustees to said University, to wit: the Rev. Joshua 
L. Wilson, James Findlay, Daniel Symmes, Stephen Wood,. 
William Ludlow, Ogden Ross, WilMam Corey and James 
Shields. 

Sec 4. That the trustees shall meet at the town of Hanri- 
ilton, in the county of Butler, on the first Monday of March 
next, for the purpose of carrying the provisions of this act inta 
operation ; any five of whom shall have power to transact 
business, and any less number to adjourn, from time to time. 

Sec. 5. That so much of the tenth section of said act, as 
requires a revaluation of said lands, every fifteen years, is 
hereby repealed, together with so much of said act, as comes 
within the purview of this act. 

This act to be in force from and after the passage thereof. 



Trastees ap- 
pointed. 



When to 
meet* 



Part of act re- 
pealed. 



Effect. 



[Act of Fehmarij 14, 1815, 10 v, L. 0.;7, 88.] 

An act further to amend an act, entitled "An act establishing the Miami 

University." 

Purchasers 8ec. 1. That the actual settlers on the Miami College 
^??"?^,^/^""^ township, who have purchased and leased from the trustees 
cent!^and'in^ thereof, and also all those who may purchase and actually 
lieu to pay 2 settle on the township aforesaid, before the first day of April, 
per cent. 1st one thousand eight hundred and sixteen, shall be exempt 
-^'^^' from paying six per cent, upon the purchase money, as ex- 

pressed in their leases and required by the tenth section of 
the act to which this act is an amendment, and in lieu there- 
of, such actual settlers who are or may be purchasers and 
settlers of any country lot or lots, on which an actual settle- 
ment has or mav be made as aforesaid, shall have and hold 



LANDS FOR THE SUPPORT OP THE tiOSPEL AND StHOOLS; -H 

Ihe same, by paying two per cent, for the first year of such 
settlement, three per cent, for the second year, and thus in- 
creasing one percent, each year, until the rent shall amount 
to six per cent, upon purchase money, and forever after 
the said purchasers and settlers shall pay the yearly rent 
of six per cent, upon the purchase money. 

Sec. 2. That Hiram Mirach Curry, and William Ward, certain per- 
of Champaign county; James Brown, and David H. Morris, sons added to 
of Miami county ; William M'Clure, and Benjamin Van Cleve, *"^'^\^p^ ^^^^^ 
of Montgomery county; Benjamin Whiteman, and Andrew p^^^^e l/ojy. 
Reed, of Green county; John Bigger, and Ichahod B. Hal- 
sey, of Warren county ; John Reily, Thomas Irwin, David K. 
Esty, Daniel Millikin, and Henry Weaver, of Butler county; 
and the trustees 'added to the board by the third section of 
an act to amend an act, entitled "An act to establish the Mi- 
ami University," together with the president, for the time 
being, be, and they are hereby continued a body corporate, 
by the name, of the President and Trustees of the Miami 
Universitv. 



[Ad of February 1, 1814, 12 r. L. O. p, 83.] 
An act to amend the several acts, establishing; the Miami University. 

Sec. 1. That the board of trustees for the Miami Univer- J;''^^''^'^^^^^^^' 
sity, be, and they are hereby required to make a fair and to legislature, 
accurate statement of all the proceedii}gs relative to the con- 
corns of the said institution, both as respects the disposal of 
the land, as well as the state of the funds arising from the 
proceeds thereof, together with an account of all expense 
which may have accrued in the management of the same, 
and make report thereof to the legislature on or before the 
fifteenth day of January, annually. 



[Resolution of February 15, 1815, 13 v, L. O. p, 335.] 

Resolved., Tliat the under named persons, be, and they are 
hereby appointed trustees of the Miami University, viz, 
James Findlay, Daniel Drake, William Corry^ and Ephraim 
Brown, of Hamilton county; Rev* Matthew Gr. Wallace, John 
Reily, Daniel Millikin, of Butler cou^ity; John M'Clean, Ich- 
ahod B. Halsey, and Mathias Corwin, of Warren county; 
Daniel C. Cooper, and Bcwjamin Van Cleve, of Montgome- 
ry county; John McLean, and Joseph Tatman, of Green 
county; Archibald Steel, and Samuel Hinkle, of Champaign 
county ; and John H. Crawford and Samuel Kyle, of Jjiami 
county. 



248 LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS* 

Note. Act of December 16, 1815, 14 v. L. O. p. 16. Trustees of origin- 
al surveyed township, autliorised to lease southeast quarter of section IG, 
townships, range 8, in Green county, to George Drummond, and Jacob 
Smith. 

Act of December 23, 1815, 14 v. p. 24. Trustees may lease northeast 
fjuarter of section 16, township 10, range 8, in Stark count}', to William 
Reynold and Jacob Myers. 

Act of January 24, 1810, 14 v. p. 132. Trustees of original surveyed 
townships, in the county of Fairfield, authorized to lease section 16. • 

Act of February 2, 1816, 14 v. p. 18J. Trustees of township 2, ranre 
11, east, from the mouth of the Great Miami, may grant a lease for 
section 16. 

Act of February 13, 1816, 14 v. p. 220. Trustees of township 9, range 
21, in Ross county, empowered to give a lease for part of section 16, to John 
Wolf. • . 

Aqt of February 17, 1S16, 14 v. p. 248. Trustees of fractional township 
5, 2d fractional range, Miami Purchase, may lease part of section 29. 

Act of February 23, 181 1), 14, v. p. 275. Permanent leases maj' be granted 
for section 16 and 29, in Gallia county. 

Act of December 23, 1816, 15 v. p. 10. Trustees of township 2, range 2.j 
S^-mmes' Purchase, may lease part of section 16, in Butler county. 

Act of January 20, 1817, 15 v. p. 62. Amendatory of the act authorizing 
a lease to Geor^-e Dranimond and Jacob Smith. 

Act of January 22, 1817, 15 v. p. 202. This act point;? otit the method 
of leasing section 16, and other sections setoff in lieu thereof, and repeal's 
the act of February 27, 1816, and the act, entitled "An act to provide for 
granting permanent leases of certain tracts of School land, in the United 
States Military Tract, witliin the county of Guernsey," 

Act- of December 3<0, 1817, 16 v. p, 6, Trustees ofjtownship 2, raiige 1- 
east, Sjrames' Purchase, allowed to lease part of section 16, in Butler 
county. 

Act of Deccmbci* 18, 1817, 16 v. p. 16. Trustees of tOAvnship 4, range 1, 
east, in Butler county, maf lease part of section 16. 

Act of December 27, 1817, 16 v. p.' 36. The act of E5eccmber 13, 1814, 
entitled "An act to exempt section 29, township 3, 2d fractional range, in 
the Miami Purchase, from revaluation," repealed. 

Resolution, January 27, 1817, 16 v. p. 245. William Sldnn'^r appointed 
t^'ustec for managing section 29, in Wj^shington county. 

Act of January 29, 1818, 16 v. p. 119. This act corrects an error in the 
act of January 27, 1817; provides that the last named act shall not affect 
section 16, in Hamilton county; and that lands in that county shall be 
leased agreeably" to the provisions of "An act to incorporate th,c original sur- 
veyed toivnships," passed February 0, 1810. 

Act of February 5, 1819, 17 v. p. 132. Amendatory to the act of January 
24, 1816, for leasing section 16, in Fairfield county. 

Act of February 6, 1819, 17 v. p. 144. Trustees of township 2, range 8, 
in Ohio Company's Purchase, in Washington county,, may make distribu- 
I tionof proceeds of section 16. 

Act of February e, 1819, 17 v. p. 149. Trustees of township 15, range' 13. 
authorized to lease section 16, in Wayne county. 

Act of December 21, 1819, Local Laws of 1819— 20, p. C. An act amend- 
atory of the act for leasing section 16, township 4, range 14, in Gallia 
comity. 

Act of January 4, 1820, L. L. 1819—20, p. 7. Act for leasing section 29., 
township 5, range 15, in Gallia county. 

Act of January 13, 1820, L. L. 1819—20, p. 54. Amendatory of the act 
for leasing southeast quarter section 16, township C, range 8, in Green 
county. 

Act of January 15, 1821, 19 v. p. 35. Certain sections, 16 and 29, autlio- 
rized to be permanently leased, in Gallia county. 

Act of January 24, 1821 , 19 v. p. 72. Trustees may cause a revaluatiou 
to be made of section 16, township 6, range 3, in Preble county; and of sec- 
tion 16, township 3, range 5, in Montgomery county. 

Act of January 29, i82I, 19 v. p. 7-7. Trustees may release section 29., 
township 4, 1st fracfional range, in Hamilton cQunty. 



LAXDS FOR THE SUPPORT OP THE GOSPEL AND SCnOOL5i -49 

Art of January 29, 1821, 19 v. p. 75. Commissioners appointed to grant 
relief to lessees of section 16, township 3, 1st entire range, iVliaiui Purchase. 
This act took elfect, xNIay I. 

Act of January 2'J, 1821, 19 v. p. 78. Trustees of fractional section 16, 
township 6, range 10, in Clark county, authorized to lease the south part to 
Vv'illiam Roberts. 

Act of J'ebruary 2, 1821, 19 v. p. 144. For the relief of lessees of sections 
16, in Fairfield county. 

Act of February 2, 1821, 19 t. p. 155. Trustees, when elected, of section 
16, township 2, ran<^e 8, in Washington county, may grant leases. 

Resolution of February 2, 1821 , 21 v. p. 208. Justice Morse appointed a 
trustee for section 29, in' the county of Washington. 

Actof December 26, 1821, 20 v. p. 6. Amendatory of the act of January 
29, 1821. Revaluation not allowed after judgment. 

Act of January 29, 1822, L. L. 1821—2, p. 21. Trustees of towTiship 6, 
rang3 2, in Freble county, may grant a lease to William M'Michan, with 
new conditions, for part of section 16. 

Act of January iil, 1822, L. L. 1821—2, p. 22. For the relief of lessees 
of section 29, township 4, range 14, Ohio Company's Purchase, in Gallia 
ootuity. 

Act of February 2, 1822, L. L. 1821—2, p. 42. Inhabitants of township 
2, range 8, may elect trustees to lease section 16, in Washington county. 

Act of Januar}^ 27, 1823, 21 v. p. 3 J. This act allows all lessees of School 
lands, to surrender their leases. No lease to be hereafter granted for a longer 
time than one year. 

Act of December 21, 1822, L. L. 1822—3, p. 5. The act for leasing sec 
tion 16, township 2, ran-^-e 1, east, Symmes' Purchase, repealed. 

Resolution of January 27, 18-23, L. L. 1822—3, p. 69. Amzi Stanley ap- 
pointed trustee for section 29, in Washington county. 

Resolution of Decejnber 29, 1823, L. L. 182^j — 4, p. 165. William Rufus 
Putnam appointed trustee for ip^;^ waging section 29, township 2, range 8, in 
Washington countj'-. 

Act of December 22, 1824, L. L. 1824—5, p. 10. Trustees of township 1, 
range 2, entire, Symmes' Purchase, may lease residue of section 16, in But- 
ler countv. 

Act of December 29, 1824, L. L. 1824—5, p. 18. Trustees of section 29, 
3 fractional township, 2 fractional range, Symmes' Purchase, may order 
a revaluation of the northwest quarter. 

Act of January 13, 1825, L. L. 1824—5, p. 34. Commissioners of Shelby 
county may cause to be valued section 16, township 1, range 7, east, and 
have the same leased. 

Act of January 13, 1825, L. L. 1824—5, p. 40. Court of common 
pleas of Gallia count}-, may cause a revaluation of sections 16, township Q 
and 7, range 16, in Gallia county. 

Act of February 1, 1825, L. L. 1824—5, p. 55. Trustees of township 3, 
Fange 8, in Washington county, may cause a revaluation of section 16. 

Resolution of February 7, 1825, L. L. 1824 — 5, p. 114. County assessor 
to value School lands and return them. 

Resolution of February 7, 1825, L. L. 1824 — 5, p. 115. Clerks are r«* 
quired to report the number of acres of School lands leased. 

Connecticut Western Reserve. — Act of January 31, 1822, L. L. 
1821 — 2, p. 34. Further time given to complete conditions of leases. 
Agents may lease until April 1, 1826. John Hill may build a mill upon 
southeast quarter section 21, township 10, range 4. 

United States Military-. — Act of February 27, 1816, 14 v. p. 444. 
This act authorizes the leasing of the first quarter, township 1, range 4, in 
the county of Guernsey. 

Act of January 15, 1819, 17 v. n. 31. Leases executed by S. M'Dougal 
to J. R. & A. Munson for lot No. 8, 4th quarter, 3 township, 11 range, de- 
clared cancelled, and the same privileges extended to them that were con- 
ferred on D. Moore and others, by the act of February 14, 1815. 

2 H 



25.0. LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS. 

Act of February 1, 1821, 19 v, p. 161. This is a general act and repeals 
all others upon the subject. This act appears to have been overlooked in' 
the last revision. 

Original Surveyed Townships. — Act of February 2, 1821, 19 v. 
p. 166, section 14, amended and repealed. 

Act of February 2, 1822, 20 v. p. 'J5. Amendatory of the act of Febru- 
ary 2, 1821. Persons not to be considered members of religious societies 
during minority. 

Act of February 15, 1815, [1822] 20 v. p. 84. Supplementary. Certi- 
fied list of scholars reqiiired before funds shall be apportioned. Act of Feb- 
ruary 9, 1814, repealed. 

Act of February 26, 1824, 22 v. p. 418. Thi? is a general law, "incorpo- 
rating original surveyed townships ;" but contains no provision for a repeal 
of former laws. 

Virginia Military — Act of February 26, 1816, 14 v. p. 418. This 
is a general act, and repeals the act of February 17, 1809, and all sup- 
plementary and amendator}'^ acts. Leases and contracts, under former 
Jaws, saved. 

Act of January 30, 1818, 16 v. p. 103. A rcgi ster to be appointed and 
suit directed against W. W. Cotgreve. 

Resolution of January 29, 1818, 16 v. p. 203. Mordecai Hartley aj)- 
pointed register. 

Act of January 16, 1819, 17 v. p. 35. Further time given to complete 
payments. Leases to be recorded — may be assigned by deed — made by Cot- 
greve, confirmed, &c. 

Act of February 6, 1819, 17 v. p. 139. Suit directed to be brought against 
W. W. Cotgreve. 

Act of February 22, 1820, L. L. 1819—20, p. 71. Lessees, in the coun- 
ties of Richland and Wayne, relieved. 

Resolution of February 2, 1821, 19 v. p. 213. Mordecai Bartley ap- 
pointed register. 

Act of December 26» 1821, L. L. 1821—2, p. 10. Further time given to 
pay rents. 

Act of February 1, 1822, L. L. 1821—2, p. 41. Powers given to the re- 
gister to bid off lands of Cotgreve and securities, to obtain injunction to stay 
•waste, &c. 

Resolution of January 25, 1823, L. L. 1822—3, p. 67. William Patterson 
appointed register. 

Act of February 23, 1824, L. L. 1823 — 4, p. 82. Leases may be granted 
for one year. 

Act of February 7, 1825, 23 v. p. 25. Lessees released from forfeitures. 

Act of February 7, 1825, L. L. 1824—5, p. 78. Authority given to issue 
execution and purchase the property of W. W. Cotgreve and securities. 

Ohio University.— Act of February 18, 1820, L. L. 1819—20, p. 45. 
Amendatory of the several acts, establishing an University. 

Resolution of February 25, 1820, L. L. 1819—20, p. 160. Edwin Put" 
"nam, Ephraim Cutler and Robert Linzee, appointed trustees. 

Resolution of February 2, 1821, 1 9 v. p. 212. Alexander Harper appoint- 
ed trustee. 

Resolution of February 4, 1822, L. L.;i821— 2, p. 87. R. J. Meigs, jr. 
and L. Barber appointed trustees. 

Act of January 3, 1825, L. L. 1824—5, p. 30. Trustees, with commis-- 
sioners of the county of Athens, may sell lot number 37. 

Resolution of January 13, 1825, L. L. 1824—5, p. 106. David Young ap- 
pointed trustee. 

Resolution of January 22, 1825, L. L. 1824—5, p. 112. Dudley Wood- 
bridge and Calvary Morris appointed trustees. 



LANDS FOR THE SUPPORT OF THE GOSPEL AND SCHOOLS* 251 

Miami Univehsitit. — Resolution of January 2P, 1818, 16 v. p. 198. 
Trustees appointed. 

Act of February 5, lolP, 17 v- p. 131. Further to amend the several acts 
establishing the Miami Universit3\ 

Act of February 1, J8-21, 19 v. p. 140. Further to amend the several act* 
ostablishin:; the Miami University. 

Act of February 2, 1822, L. L. 1821—2, p. 51. Amendatory of the act 
of February 1, 1821. 

Act of February 10, 1824, L. L. 1823—4, p. 68. Amendatory of the 
several acts establishing: the Miami University. 



jLortfiUit^tevii STeiTitetK. 



[In Congress^ July \^. 1787, 1 v, L, L\ S,p, 475.] 

An ordinance for the government of the territory of the United States 
northwest of the river Ohio. 

Be it ordained hy the United States in Congress Assembled^ 
That the said territon^, for the pvirposes of temporary gov- 
ernment, be one district; subject, however, to be divided into 
two districts, as future circumstances may, in the opinion of 
Congress, make it expedient. 
Rules of in- "^^ ^^ ordained by lite authority aforesaid^ That the estates 
heritance, &c. ^^^^ <^f resident and non-resident proprietors in the said ter- 
ritory, dying intestate, shall descend to, and be distributed 
among their children, and the descendants of a deceased 
child, in equal parts; the descendants of a deceased child or 
grand child to take the share of their deceased parent in 
equal parts among them: and where there shall be no chil- 
dren or descendants, then in equal parts to the next of kin, 
in equal degree ; and among collaterals, the children of a 
deceased brother or sister of the intestate, shall have, in 
equal parts among them, their deceased parents' share: and 
there shall, in no case, be a distinction between kindred of 
the whole and half blood; saving in all cases to the widow of 
the intestcite, her third part of the real estate for life, and one- 
third part of the personal estate ; and this law relative to 
descents and dower, shall remain in full force until altered 
by the legislature of the district. And until the governor 
and judges shall adopt laws as herein after mentioned, estates 
in the said territory may be devised or bequeathed by wills, 
in writing, signed and sealed by him or her, in whom the 
estate may be, (being cf full age) and attested by three 
-J witnesses; and real estates may be conveyed by lease and 
release, or bars^ain and sale, signed, sealed, and delivered, 
by the person, being of full age, in whom the estate may be, 
and attested by two witnesses, provided such wills be duly 
proved, and such conveyances be acknowledged, or the exe- 
cution thereof, duly proved, and be recorded within one 
year after proper magistrates, courts, and registers, shall be 
appointed for that purpose; andpersonal property may be 
transferred by delivery; saving, however, to the French and 
Canadian inhabitants, and other settlers of the Kaskaskies, St. 
Vincents, and the neighboring villages, who have heretofore 



NORTHWESTERN TERRITORY. 253 

professed themselves citizens of Virginia, their laws and 
customs now in force among them, relative to the descent 
and conveyance of property. 

Be it ordained by the aulhoriiy cforesaid^ That there shall Governor. 
be appointed, from time to time, by Congress, a governor, 
whose commission shall continue in force for the term of three 
years, unless soor.er revoked by Congress: he shall reside in 
the district, and have a freehold estate therein, in one thou- 
sand acres of land, while in the exercise of his office. 

There shall be appointed, from time to time, by Congress, secretary. 
a secretary, whose commission shail continue in force for four 
years, unless sooner revolted; he shr.li reside in the district, 
and have a freehold estate therein, in five hundred acres of 
land, while in the exercise of his ofhcc; it shall be his duty 
to keep and preserve the acts and laws passed by the legis- 
lature, and the public records of the district, and the pro- 
ceedings of the governor in his executive department; and 
transmit authentic copies of such acts and proceedings, every 
SIX months, to the secretary of Congress: there shall also be 
appointed a court to consist of three judges, anv two of whom 
to form a court, who shall have a common law jurisdiction, 
and reside in the district, and have each therein a freehold 
estate, in five hundred acres of land, while in the exercise 
of their offices; and their commissions shall continue in force 
during good behavior. 

The governor and judges, or a majority of them, shall Adoption and 
adopt and publish in the district, such laws of the original ^publication of 
states, criminal and civil, as may be necessary, and best suit- ^^^^' 
ed to the circumstances of the district, and report them to 
Congress, from time to time ; which laws shall be in force in 
the district until the organization of the General Assembly 
therein, unless disapproved of by Congress; but afterwards 
the legislature shall have authority to alter them as they 
shall tiiink fit. 

The governor for the time being, shall be commander in officers ot 
chief of the militia, appoint and commission all officers in the militia, 
same, below the tank of general officers; all general officers 
shall be appointed and commissioned by Congress. 

Previous to the organization of the General Assembly, the Appointment 
governor sliall appoint such magistrates and other civil of- ofmagistrates,, 
ficers, in each county or township, as he shall find necessary ^°* 
for the preservation of the peace and good order in the same. 
After the General Assembly shall be organized, the powers 
and duties of magistrates and other civil officers shall be 
regulated and defined by the said Assembly ; but all magis- 
trates and other civil officers, not herein otherwise directed, 
shall, during the continuance of this temporary government, 
be appointed by the governor. 

For the prevention of crimes and injuries, the laws to be civil divisions 
adopted or made shall have force in ail parts of the district, of the district. 



2^4 NORTHWESTERN TERRITORY, 

and for the execution of process, criminal and civil, the gov- 
ernor shall make proper divisions thereof; and he shall pro- 
ceed from time to time, as circumstances may require, to lav- 
out the parts of the district in which the Indian titles shall 
have been extingiushed, into counties and townships, subject^ 
however, to such alterations as may thereafter be made by 
the legislature. 
Right of re- So soon as there shall be five thousand free male inhabit- 
Graeral aT' ^^^^' ^^ ^^^^ ^g^' ^^ ^^^ district upon giving proof thereof 
sembljj kc. to the governor, they shall receive authority, with time and 
place, to elect representatives from their counties or town- 
ships, to represent them in the General Assembly: Provided^ 
That, for every five hundred free male inhabitants, there 
shall be one representative, and so on, progressively, with the 
number of free male inhabitants, shall the right of repre- 
sentation increase, until the number of representatives shall 
amount to twenty-five; after which the number and pro- 
portion of representatives shall be regulated by the legisla- 
ture: Provided^ That no person be eligible or qualified to 
act as a representative, unless he shall have been a citizen of 
one of the United States three years, and be a resident in 
the district, or unless he shall have resided in the district, 
three years; and in either case, shall likewise hold in his own 
right, in fee simple, two hundred acres of land within the 
same: Provided also, That a freehold in fifty acres of lan€l in 
the district, having been a citizen of one of the states, and 
being resident in the district, or the like freehold and two 
years residence in the district, shall be necessary to qualify 
a man as an elector of a representative. 

The representatives thus elected, shall serve for the term 
of two years; and in case of the death of a representative, 
or removal from office, the governor shall issue a writ to the 
county or township, for which he was a membej, to elect 
another in his stead, to serve for the residue of the term. 
Constitution The General Assembly, or legislature, shall consist of the 
of the legisla- governor, legislative council, and a house of representatives, 
tive power, ^]^q legislative council, shall consist of five members, to con- 
tinue in office five years, unless sooner removed by Congress; 
any three of whom to be a quorum: and the members of the 
council shall be nominated and appointed in the following 
manner, to wit: As soon as representatives shall be elected, 
the governor shall appoint a time and place for them to meet 
together, and when met, they shall nominate ten persons, 
residents in the district, and each possessed of a freehold in 
five hundred acres of land, and return their names to Con- 
gress ; five of whom Congress shall appoint and commission to 
serve as aforesaid: and whenever a vacancy shall happen in 
the council, by death or removal from office, the house of 
representatives shall nominate two persons, qualified as afore- 
said, for each vacancy, and return their names to Congress; 



NORTIIV.'ESTLRN TEnRlTORY. ^Ol) 

one of whom Congress shrill appoint and commfssion for the 
residue of the term. And every five years, four months at 
least hefore the expiration of the time of service of the mem- 
bers of council, tiie saul house shall nominate ten persons, 
<|ualified as aforesaid, and return their names to Congress; 
live of whom Congress shall appoint and commission to serve 
as members of the council five years, unless sooner removed. 
And the governor, legislative council, and house of repre- 
sentatives, shall have authority to make laws, in all cases, for 
the good government of tlie district, not repugnant to the 
principles and articles in this ordinance established and de- 
clared. And all bills, having passed by a majority in the 
house, and by a majority in the the council, shall be referred 
to the governor for his assent; but no bill or legislative act 
whatever, shall be of any force without his assent. The 
governor shall have power to convene, prorogue, and dis- 
solve, the General Assembly, when hi his opinion it shall be 
expedient. 

The governor, judges, legislative council, secretary, and Oathoffidcli- 
sucb other otFicers as Congress shall appoint in the district,*^ T*^h°^t°k 
shall take an oath or affirmation of fidelity, and of office; the ^n, 
governor before the president of Congress, and all other 
officers before the governor. As soon as a legislature shall j^^^^ . 
he formed in the district, the council and house assembled, Con<^ress. 
in one room, shall have authority, hv joint ballot, to elect a 
delegate to Congress, who shall have a seat in Congress, 
%vith a right of debating, but not of voting during this tem- 
porary government. 

And for extending the fundamental principles of civil and 
religious liberty, which form the basis whereon these repub- 
lics, their laws, and constitutions, are erected; to fix and 
cstabhsh those principles as the basis of all laws, constitu- 
tions, and governments, which forever hereafter shall be 
formed in the said territory; to provide, also, for the estab- 
lishment of states, and permanent government therein, and 
for their admission to a share in the federal councils on an 
equal footing with the original states, at as early periods as 
may be consistent with general interest: 

// is hereby ordained and declared^ by the authority aforesaid^ 
That the following articles shall be considered as articles of 
compact, between the original states and the people and 
states in the said territory, and forever remain unalterable, 
unless by common consent, to wit: 

Art. 1. No person, demeaning himself in a peaceable and Articles of 
orderly manner, shall ever be molested on account of his mode compact, &c. 
of worship or religious sentiments, in the said territory. 

Art. 2. The inhabitants of the said territory shall always 
be entitled to the benefits of the writ of habeas corpus, and 
of the trial by jury; of a proportionate representation of the 
people in the legislature, and of judicial proceedings accord- 



-56 NORTHWESTERN TERRITORY. 

Articles of ^"§ ^^ *^^ course of the common law. AH persons shall be 
compact, &c. bailable, unless for capital offences, where the proof shall be 
evident, or the presumption great. All fines shall be mode- 
rate; and no cruel or unusual punishments shall be inflicted. 
No man shall be deprived of his liberty or property, but by 
the judgment of his peers, or the law of the land, and should 
the public exigencies make it necessary, for the common pre- 
servation, to take any person's property, or to demand his 
particular services, full compensation sliall be made for the 
same. And, in the just preservation of rights and property, 
it is understood and declared, that no la.w ought ever to be 
made, or have force in the said Territory, that shall, in any 
manner whatever, interfere with, or affect, private contracts 
or engagerhents, bona fide, and without fraud, previously 
formed. 

Art. 3. Religion, morality, and knowledge, being neces- 
sary to good government and the happiness of mankind, 
schools and the means of education shall forever be encou- 
raged. The utmost good faith shall always be observed to- 
wards the Indians; their lands and property shall never be 
taken from them without their consent; and in their proper- 
ty, rights, and^liberty, they never shall be invaded or disturb- 
ed, unless in just and lawful w^ars authorized by Congress; 
but laws founded in justice and humanity shall, from time to 
time, be ma,de, for preventing wrongs being done to them, 
and for preserving peace and friendship with them. 

Art. 4. The said territory, and the states which may be 
formed therein, shall forever remain a part of this confederacy 
of the United States of America, subject to the articles of 
confederation, and to such alterations therein as shall be con- 
stitutionally made; and to all the acts and ordinances of the 
United States in Congress assembled, conformable thereto. 
The inhabitants and settlers in the said territory shall be 
subject to pay a part of the federal debts, contracted or to be 
contracted, and a proportional part of the expenses of govern- 
ment, to be apportioned on them by Congress, according to 
the same common rule and measure by which apportionments 
thereof shall be made on the other states; and the taxes for 
paying their proportion, shall be laid and levied by the au- 
thority and direction of the legislatures of the district or dis- 
tricts, or new states, as in tlie original states, within the time 
agreed upon by the United States in Congress assembled. 
The legislatures of those districts, or new states, shall never 
interfere with the primary disposal of the soil by the United 
States in Congress assembled, nor with any regulations Con- 
gress may find necessary, for securing the title in such soil, to 
the bona fide purchasers. No tax shall be imposed on lands 
the property of the United States; and in no case shall non- 
resident proprietors be taxed higher than residents. The 
pavigable waters leading into tlie Mississippi and St. Law:- 



NORIiWESTERN TERRITORY. ^i> 

fence, and tlie carrying places between the same, shall he com- Articles of 
mon hii^hvvays, and forever free, as well to the inhabitants of ^'^^^P^^'*; *^^' 
the said territory, as to the citizens of the United States, and 
those of any other states tliat may he admitted into the con- 
federacy without any tax, impost or duty therefor. 

Art. 5. There shall be formed in the said territory, not 
less than three, nor more than five states; and the bounda- 
ries of the states, as soon as Virginia shall alter her act of 
cession, and consent to tiie same, shall become fixed and 
established as follows, to w'it: The western state in the said 
territory, shall be bounded by the Mississippi, the Ohio, and 
Wabash rivers; a direct line drawn from the Wabash and 
Post Vincents, due north, to the territorial line between the 
United States and Canada; and by the said territoral line 
to the Lake of the Woods and Mississippi. The middle 
state shall be bounded by the said direct line, the Wabash, 
from Post Vincents to the Ohio, by the Ohio, by a direct line 
drawn due north from the mouth of the Great Miam^i to the 
s*aid territorial line, and by the said territorial line. The 
eastern state shall be bounded by the last mentioned direct 
line^ the Ohio, Pennsylvania, and the said territorial line: 
Provided ho7vever, And, it is further understood and declared, 
that the boundaries of these three states shall be subject so 
far to be altered, that, if Congress shall hereafter find it 
expedient, they shall have authority to form one or two 
states in that part of the said territory which lies north of 
an east and west line drawn through the southerly bend or 
extreme of Lake Michigan. And whenever any of the said 
states shall have sixty thousand free inhabitants therein, 
such state shall be admitted, by its delegates, into the Con= 
Stress of the United States, on an equal footing w^ith the ori- 
ginal states, in all respects whatever; and shall be at liberty 
to form a permanent constitution and state goverenment: 
Provided, The constitution and government, so to be formed, 
shall be republican, and in conformity to the principles con- 
tained in these articles; and, so far as it can be consistent 
with the general interest of the confederacy, such admission 
shall be allowed at an earlier period, and when there may be 
a less number of free inhabitants in the state than sixty 
thousand. 

Art. 6. There shall be neither slavery nor involuntary 
servitude in the said territory, otherwise than in the pun- 
ishment of crimes, whereof the party shall have been duly 
convicted : Provided always, That any person escaping into 
the same, from w^hom labor or service is lawfully claimed in 
any one of the original states, such fugitive may be lawfully 
reclaimed, and conveyed to the person claiming his or her 
labor or service as aforesaid. 

Be it ordained by the authority aforesaid, That the resolutions 
'if the 23d of April, 1784, relative to the subject of this or- 

2 I 



258 XORTHWESTERN TERRITORY. 

Articles of dhiaiice, be, and the same are hereby repealed aiid declared 
compact, &c. null and void. Done, &c. 



J\1QDIF1ED CESSION OF VIRGINIA. 

[Ad of December 30, 1788, 12 v. Hen. SL Fa. p. 780.] 

Cession of N. Sec. 1. TVhereas the United States in Congress assembled, 
^f^Ti'^T^^^''^ did on the seventh day of July, in the year of our Lord one 
thousand seven hundred and eighty six, state certain reasons 
sue wing that a division of the territory which hath been 
ceded to the said United States by this commonwealth into 
states, in conformity to the terms of cession, should the same 
be adhered to, would be attended with many inconveniences, 
and did recommend a revision of the act of cession, so far 
as to empower Congress to make such a division of tiie said 
territory into distinct and republican states, not more than 
live, nor less than three in number, as the situation of that 
country, and future circumstances m.ight require. 

And the said United States in Congress assembled, hath, 
in an odinance for the government of the territory north- 
west of tliC river Ohio, passed on the tliirteenth of July, one 
thousand seven hundred and eighty-seven, declared the follow- 
ing as one of the articles of compact between the original states 
and the people and states in the said territory, viz: [He7'e 
the 5th article of the ordinance of July 13, 1787, 25 recited.] — 
And it is expedient that this commonwealth do assent to the 
proposed alteration, so as to ratify and confirm the said arti- 
cle of compact between the original states and the people 
and states in the said territory: Be it therefore enacted by the 
General Assembly, That the afore recited article of compact 
between the original states and the people, and states in the 
territory northwest of [the] Ohio river, be, and the same is, 
hereby ratified and confirmed ; any thing to the contrary, in the 
deed of cession of the said territory by this commonwealth to 
the United States, notwithstanding. 



[Ad of December 21, 1801, 1 sees. 2 G.A. T. p. 130.] 

An act declaring the assent of the territory northwest of the river Ohio, 
to an alteration in the ordinance for ihe government thereof. 

(Preamble.) 

Ordinance of ^^c. 1. That as soon as the Congress of the United States 
July 13, 1787, shall declare their assent thereto, the aforesaid ordinance 
inay be alter- f^j. j^\^q government of the territory northwest of the river 



NORTHWESTERN TERRITORY. 259 

Ohio, done by the United States in Congress usscnribled, 
on the thirteenth dnv of July, in the year of our Lord one 
thousand seven hundred and eighty-seven, and of their sove- 
reignty and independence, the twelfth, shall be altered so far 
as the same relates to the boundaries of the three states that 
are first hereafter to be erected in the said territory, and 
in the stead thereof, the boundaries of the said states shall be 
fixed and established as follows, to wit: The western state in 
the said territory shall be bounded by the Mississippi, the Boundaries of 
Ohio, and line beginning at a point on the Ohio river, where *'^^ western 
the same is intersected by the western boundary of the land^^^*^ 
granted to General George RogersClark, and the officers and 
soldiers of his regiment; thence running directly to the head 
of Chickagua river ; thence by the said river to lake Michigan; 
thence by a line drawn due north to the territorial line be- 
tween the United States and Ca*^ada; and by the said terri- 
torial line to the Lake of the Woods and the Mississippi. 

The middle state shall be bounded by the eastern bounda- Boundaries of 
ry of the aforesaid western state, by the Ohio river to the gj^atr^'^*^^^ 
mouth of the Scioto river, by the Scioto river to the Indian 
boundary line, as established in the treaty of Greenville; by 
a direct line drawn from thence to the southwest corner of 
the Connecticut Reserve ; thence by a line due north to the 
territorial line, and by the said territorial line. 

The eastern state shall be bounded by the said eastern Boundaries of 
boundary of the middle state; by the Ohio to the Pcnnsylva- ^'^^ eastern 
nia line; by the Pennsylvania line to the territorial line, and 
by the said territorial line. 

Provided ahmys^ That nothing herein contained shall be Proviso, 
intended to annul or in any way to affect the authority of 
Congress to form one or two states in that part of the said 
territory which lies north of an east line drawn through the 
southerly bend of lake Michigan. 



[Ordiiiayice and Resolution passed in Convention^ jYovember 29, 
1802, 21 r. L, O, jo. 44.] 

We the representatives of the people of the eastern divi- Propositions 
sion of the territory northwest of the river Ohio, being as- ^ccep^^^' 
sembled in Convention, pursuant to an act of Congress, enti- 
tled "An act to enable the people of the eastern division, of 
the territory northwest of the river Ohio, to form a constitu- 
tion and state government, and for the admission of such 
state into the Union, on an equal footing with the original 
states, and for other purposes," and having had under our 
consideration the propositions offered by the said act, for our 
free acceptance, or rejection, do resolve to accept of the 
said propositions: Provided^ The following addition to, and 



J60 



l^^RTHWESTERN TEIIRITORY, 



Proviso :lands modification of the said proposilions shallhe agreed to bytlie 
Tcho£^^^^^^ Congress of the United States, viz: That in addition to the 
first proposition, securing the section number sixteen in every 
township, vdthin certain tracts to the inhabitants thereof, for 
the use of schools, a like donation, equal to the one thirty- 
sixth part of the amount of the lands, in the United States 
Military Tract, shall be made for the support of schools 
within that tract: and that the like provision shall be made 
for the support of schools, in the Virginia Reservation, so far 
as the unlocated lands, in that tract will supply the propor- 
tion aforesaid, after the warrants issued from said state has 
been satisfied, and also, that a donation of the same kind, or 
such provision as Congress shall deem expedient, shall be 
made to the inhabitants of the Connecticut Reserve. That 
all the lands which may hereafter be purchased of the Indian 
tribes, by the United States, and lying within the state of 
Ohio, the one thirty-sixth part, shall be given as aforesaid, 
for the support of public schools.* 

That all lands before mentioned to be appropriated by the 
United States, for the support of schools, shall be vested in 
the legislature of this state, in trust for said purpose. 

That not less than three per cent, of the nett proceeds, 
of the lands of the United States, lying within the hmitsof the 
state of Ohio, sold and to be sold, after the thirtieth day , of 
June last, shall be applied in laying out roads within the 
state, under the direction of the legislature thereof. 

And if the Congress of the United States shall agree to 
U^s'^^t^b^^^ the above addition to, and modification of the said propositions, 
empt from ' i* ^^ hereby declared and ordained, that every and each tract 
of land sold, or to be sold by Congress, from and after the 
thirtieth day of June last, shall be, and remain exempt from 
any tax laid by order, or under the authority of this state, 
v^diether for state, county, township, or any other purposes 
whatever, for the term of five years after the day of sale, to 
be reckoned from the date of the certificate, of the first 
quarterly payment. 

That whereas Congress by a law, entitled "An act autho- 
rizing the grant and conveyance of certain lands, to John 
Cleves Symmes, and his associates," passed the fifth day 
of May, 1792, did authorize the President of the United 
States, to convey by letters patent unto the said John Cleves 
Symmes, and his associates, their heirs and assigns, a certain 
tract of land therein described, and did further authorize the 
President, by the act aforesaid, to grant and convey unto the 
said John Cleves Symmes, and his associates, their heirs and 
assigns, in trust for the purpose of establishing an academy 
and other public schools and seminaries of learning, one 
complete township, to be included and located within such 



taxes for five 
years. 



Preamble. 



Ser^<'Lands for the 5upporf of Mio CJo^pel v.nd School?/' fl/J^f p. 15^5 



jJORimVESTERN TERRITORY. 26): 

limits and lines of boundary, as the President may judge 
expedient; and in pursuance tliereol'the President did con- 
vey unto the said John Cleves Symmes, and his associates, 
their heirs and assigns, by his letters patent, the aforesaid 
one complete township, to be located and accepted bj the go- 
vernor of the territory nortliwest of the river Ohio: and in- 
asmuch as the township aforesaid, has never been located 
and accepted, agreeably to the provision of the said act: 

The Convention recommend the following propositions to Proposition as 
Congress, as an equivalent for the one complete township an equivalent 
aforesaid, to wit: The lots numbered eight, eleven, and [^'"gy^^^^^^^^^^^ 
twenty-six, reserved in the several townships, for the future Purchase. 
disposition of Congress, or so many of the said lots as will 
amount to the number contaired in the aforesaid complete 
township, to be vested in the legislature, in trust to and for 
the purposes for wliich the said township was originally in- 
tended, to be designated by the legislature of this state. . 

Resolved^ That Thomas Worthington be appointed a spe- 
cial agent, to lay the aforesaid resolution and propositions 
before Congress, and that said agent do endeavor to pra- 
cure the assent of Congress thereto. 



[Act of April 30, 1802, 3 v, L. U, S. p. 496.] 

An act to enable the people of the eastern division of the territory north- 
west of the river Ohio, to form a constitution and state government, and 
for the admission of such state into the union, on an equal footing with 
the original states, and for other purposes. 

Sec. 1. That the inhabitants of the eastern division of the Eastern divi- 
territory northwest of the river Ohio, he, and they are hereby, ^o" ?^ ^'- ^' 
authorized to form, for themselves, a constitution and state form^a^con^t^ 
government, and to assume such name as they shall deem tution. 
proper; aiad the said state, when formed, shall be admitted 
into the union, upon tiie same footing with the original states, 
in all respects whatever. 

Sec. 2. That the said state shall consist of all the territory Boundaries of 
included within the following boundaries, to wit: Bounded the state; 
on the east by the Pennsylvania line, on the south by the Ohio 
river, to the mouth of the Great Miami river, on the west by 
the line drawn due north from the mouth of the Great Miami 
aforesaid, and on the north by an east and west line drawn 
through the southerly extreme of lake Michigan, running east, 
after intersecting the due north line aforesaid, from the mouth 
of the Great Miami, until it shall intersect lake Erie, or the 
territorial line, and thence, with the same, through lake 
Erie, to the Pennsylvania line aforesaid : Provided., That Con- 
gress shall be at liberty, at any time hereafter, either to at- 
tach all the territory lying east of the line to be drawn due 



262 Tv-ORTHWESTERN, TERRlTOKr. 

north from the mouth of the Miami aforesaid to the territo- 
rial Hne, and north of an east and west line drawn through 
the southerly extreme of lake Michigan, running east as 
aforesaid to lake Erie, to the aforesaid state, or dispose of it 
otherwise, in conformity to the fifth article of compact between 
the original states, and the people and states to be formed in 
the territory northwest of the river Ohio. 
Part attached Sec. 3. That all that part of the territory of the United 
to Indiana ter- States northwest of the river Ohio, heretofore included in 
''' the eastern division of said territory, and not included within 

the boundary herein prescribed for the said state, is hereby 
attached to, and made a part of the Indiana territory, from 
and after the formation of the said state, subject, neverthe- 
less, to be hereafter disposed of by Congress, according to the 
right reserved in the fifth article of the ordinance aforesaid ; 
and the inhabitants therein shall be entitled to the same privi- 
leges and immunities, and subject to the same rules and regu- 
lations, in all respects whatever, with all other citizens resid- 
ing within the Indian territory. 
Qualifications ^^^* ^* That all male citizens of the United States, who 
to choose shall have arrived at full age, and resided within the said 
members for a territory at least one year previous to the day of election^ 
convention. ^^^ shall have paid a territorial or county tax, and all per- 
sons having, in other respects, the legal qualifications to vote 
for representatives in the General Assembly of the territory, 
be, and they are hereby, authorized to choose representatives- 
to form a convention, who shall be apportioned among the 
several counties within the eastern division aforesaid, in a 
ratio of one representative to every twelve hundred inhabit-^ 
ants of each county, according to the enumeration taken 
under the authority of the United States, as near as ma}^ be; 
Apportion- that is to say: from the county of Trumbull, two represen- 
ment to coun'- (ai^jygg . fi-om the county of Jefferson, seven representa- 
tives, two of the seven to be elected within what is now 
known by the county of Belmont, taken from Jefferson- and 
Washington counties; from the county of Washington, four 
representatives; from the county of Ross, seven representa- 
tives, two of the seven to be elected in what is now known 
by Fairfield county, taken from Ross and Washington coun- 
ties; from the county of Adams, three representatives; from 
the county of Hamilton, twelve representatives, two of the 
twelve to be elected from what is now known by Clermont 
county, taken entirely from Hamilton county; and the elec- 
tions for the representatives aforesaid, shall take place on 
Election when the second Tuesday of October next, the time fixed by a law 
to take place, of the territory, entitled "An act to ascertain the number of 
free male inhabitants of the age of twenty-one in the terri- 
tory of the United States northwest of the river Ohio, and 
to regulate the elections of representatives for the same," for 
electing representatives to the General Assembly, and shall 



'NORTHWESTERN TERRlTORYi 263 

^e held and conducted in the sanne manner as is provided by 
the aforesaid act, except tiiat the quahiications of electors 
-shall be as herein specified. 

Stx. 5. That the members of the convention, thus duly Members to 
elected, be, and they are hereby authorized to meet at Chil-fP^^y^* ^^J^* 
licothe, on the first Monday in November next: w^hich con-fJrj!J Monday^ 
vention when met, shall first determine, by a majority of the of November, 
whole number elected, whether it be or be not expedient, at 
that time, to form a constitution and state government for the 
people within the said territory; and if it be determined to 
be expedient, the convention shall be, and hereby are, autho- 
rized to form a constitution and state government; or, if it 
be deemed more expedient, the said convention shall pro- 
vide by ordinance for electing representatives to form a con- 
stitution or frame of government: which said representatives 
shall be chosen in such manner, and in such proportion, 
and shall meet at such time and place, as shall be pre- 
scribed by the said ordinance, and shall form for the people 
of the said state a constitution and state government: Pro- 
vided^ The same shall be republican, and not repugnant to 
the ordinance of the thirteenth of July, one thousand sev^en 
hundred and eighty-seven, between the original states and 
the people and states of the territory northwest of the river 
Ohio. 

Sec. 6. That until the next general census shall be taken, The state en- 
the said state shall be entitled tc one representative in the *^*^®^ *° °^? 
house of representatives of the United States. represen 

Sec. 7. That the following propositions be, and the same Propositions 
are hereby, offered to the cor:venticn of the eastern state of ^^^'*?^ *o con- 
the said territory, when formed, for their free acceptance or^^" ^^^' 
rejection; wliich, if accepted by the Convention, shall be 
obligatory upon the United States. 

First: That the section number sixteen, in every town- First: section 
ship, and where such section has been sold, granted, or dis- ^^ ^^^ ^^^°^^^* 
posed of, other lands equivalent thereto, and most contigu- 
ous to the same, shall be granted to the inhabitants of such 
township, for the use of schools.* 

Second: That the six miles reservation, including the salt Second: re- 
springs, commonly called the Scioto salt springs, the salt s^^^vations, in- 
springs near the Muskingum river, and in the Military Tract, g^"^^"! ^^^^ 
with the sections of land which include tiie same, shall be ^ 
granted to the said state, for the use of the people thereof, 
the same to be used under such terms, and conditions, and 

* These pronositions are modified, 3 v. L. U. S. p. 541, See, <• Lands for 
the support of the Gospel and Schools," ante^ p. 155. Act of April 15, 
180J, 1 V. L. O. p. 56. Tlie treasurer of state is to receive the 3 per cent, 
fund from the United States. Act of December 15, 1810, 9 v. L. O. p. 3. 
Treasurer to transmit, annually, an account of the application of the 3 per 
cent, fund to the treasurer of the United States, and to receive for his ser- 
vices $2 per pay. These two acts have not been published in the subse- 
quent revisions of the Ijnrs. 



Third : l-20th 
nett 



264 NORTHWESTERN TERRITORY. 

regulatioi}*, as the legislature of the said state shall direct: 
Provided^ The said legislature shall never sell nor lease the 
same for a longer period than ten years. 

Third: That one twentieth part of the nett proceeds of 
proc'e^dT ^^^ lands lying within the said state, sold by Congress, from 
of sale of lands and after the thirtieth day of June next, after deducting 
for roads. all expenses incident to the same, shall be applied to the lay- 
ing out aiid making public roads, lea^ding from the navigable 
waters emptying into the Atlantic, to the Ohio, to the said 
state, and through the same; such roads to be laid out un- 
der the authority of Congress, with the consent of the seve- 
ral states through which the road shall pass : Provided^ ahvays^ 
That the three foregoing propositions herein offered, are on 
the conditions that the convention of the said state shall pro- 
vide by an ordinance, irrevocable without the consent of the 
United States, that every and each tract of land sold by Con- 
gress, from and after the thirtieth day of June next, shall be 
and remain exempt from any tax laid by order or under au- 
thority of the state, wdiether for state, county, township, or 
any other purpose whatever, for the term of five years, from 
and after the day of sale. 



0limt!Oi to s(jielt a^uU ton^m a^ulr^ 



[Ad of December 2, 1800, 2 sess. 1 G. A, T, piiblisheot amongst 
the acts of 1 sess. 2 G. A. T, p. 241.] 

An act to emjiower the trustees named in the last will and testament of 
Doctor Wilham Burnet, the elder, to dispose of certain lands. 

^V'hereas Doctor William Burnet, the elder, late of Newark, Preamble, 
in the county of Essex, and state of New Jersey, in and 
by his last will and testament, dated the twenty-third 
day of September, A. D. one thousand seven hundred 
and ninety-one, did give, devise and bequeath unto the 
Rev. Alexander Macwharton, John Chetwood and Elias 
Boudinot, the share and proportion of his estate, intended 
for Hannah Kinney, his daughter, in fee, in trust, never- 
theless, and to and for the intent and purpose, and the 
said trustees are, in and by the said last will and testa- 
ment, among other things, directed to pay the rents, is- 
sues and profits thereof, yearly and every year, to the 
sole receipt and order of the said Hannah, for and 
during her natural life, and at her decease to such child 
or children of her's, which she shall order and direct, 
in writing, under her hand and seal, in her life time. 
And also whereas it appears to the General Assembly, 
by the joint petition of Abraham Kinney and the afore- 
said Hannah, his wife, Jacob Burnet, Daniel Thew and 
Elizabeth, his wife, who are surviving children and de- 
visees of the said William Burnet, deceased, and Alex- 
ander Macwharton, John Chetwood and Elias Boudinot, 
trustees as aforesaid, that the said trustees are now in 
possession of the real estate, devised as aforesaid, and 
among other parts of divers tracts of land, situated, lying 
and being within the tract of land purchased by the hon. 
John Cleves Symmes, of the United States, and particu- 
larly mentioned in a patent to him, and his associates, 
from the President of the United States, on the river 
Ohio, and between the Great and Little Miami rivers, 
in the territory northwest of the river Ohio; that the said 
tracts are not only wholly unproductive but are exposed 
to the actual expenditure of considerable sumsofmonev 
2K 



26^ AGENTS TO SELL AND CONVEY LANDS. 

annually, for the payment of taxes, &c. which maj 
eventually absorh the value of the said property; that 
the property thus left to the said Hannah, is not equal 
to the comfortable maintenance and education of her 
children, unless the whole thereof is rendered as pro- 
ductive as tlie nature of the same will admit of ; that if 
the said property be left in its present state, the cautious 
provision of the said testator will, in a great measure, 
be defeated; and that the said petitioners request of the 
legislature, that the said trustees, or such other persons 
as the legislature may, in their wisdom, think fit to 
nominate and appoint, may be authorized, by law, to 
dispose of the real estate of the said Hannah, in the ter- 
ritory aforesaid, for the most money that may be had for 
the same, and to give a good and sufficient conveyance 
therefor, on conditions of their vesting the nett proceeds 
of such sale, in some productive public stock of the Unit- 
ed States, or of some well established bank in the United 
States, to remain under their care and trust, for the uses 
and purposes mentioned in the said last will and testa- 
ment of the said William Burnet, in the like manner as 
the said real estate was limited and appointed: 
Therefore, 

Trustees au- Sec. 1. That the trustees above named, or tlieir survivors 
thorizedtosell ^^, survivor, shall be, and they are hereby authorized and em- 
powered to sell and convey, by good and sufficient deeds of 
conveyance, in law, in fee simple, all the lands and real estate 
lying within the territory of the United States, northwest of 
the river Ohio, devised in trust as aforesaid, by the said Wil- 
liam Burnet to the said Alexander Macwharton, John Chet- 
woodandElias Boudinot, trustees as aforesaid; and the said 
trustees, their survivors or survivor, are hereby authorized 
May appoint and empowered to create and appoint one or more attorney 
attorneys. or attorneys under them, with full powers to sell and convey 
the real estate and lands, devised in trust as aforesaid, and 
lying Within the said territory, in manner aforesaid ; and the 
sale and conveyance so made by the said trustees, their sur- 
vivors or survivor, or their lawful attorney or attorneys, shall 
vest the lands so sold and conveyed, in fee simple, in the 
purchaser or purchasers, their heirs and assigns forever. 

Appropria- Sec. 2. That all the money arising from any sale that shall 

tion of money, be made by virtue of the powers herein granted, shall, so 
soon as the same is received by the said trustees, be by them 
vested in some productive public stock of the United States, 
or of some well established bank in the United States, to re- 
main under the care and management of the said trustees, for 
the uses and purposes mentioned in the said last will and testa- 
ment of the said William Burnet, in the like manner as the 
said real estate was and is limited and appointed. 



AGENTS TO SELL AND CONVEY LANDS. 267 

[Ad of January 24, 1807, 5 v, L, 0. p. 84.] 

•An act appointing Daniel Evans and Joseph Swearingen agents for the 
heirs of James Trimble, deceased. 

Sec. 1. That D<riiiel Evans and Joseph Svrearingen, be, Agents ap- 
and thej are hereby, constituted and appohited agents ^^r P^^"*^'!^j°'j, 
the heirs of James Trimble, late of Woodford county a»d j.^jj^eg Xrim- 
fetate of Kentucky, deceased ; and they are hereby autho- ble. 
rized and empowered to set off and convey, in fee simple, to 
Jane Trimble, of Highlar.d county and state of Ohio, the f^^^y^''^^^^^^^ 
widow and relict of the said James Trimble, deceased, in 
full satisfaction of her dower of all the lands ard real estate 
of the said James Trimble, deceased, three hundred acres 
of land, part of the tract of twelve hundred acres, on which 
the said Jane Trimble now resides, situate in the county of 
Highland aforesaid. And the said agents are hereby au- 
thorized, by and wuth the advice and consent of the legal 
guardian or guardians of the said heirs, to survey and lay off 
the said three hundred acres, in such a manner and in such 
part of the said tract of twelve hundred acres, as will best suit 
the interest of the said Jane Trimble, not impairing or render- 
ing less valuable the remainder of the tract, by the form of 
such survey. 

Sec 2. That the said agents shall convey the land so by 'p^ conYeyin 
them surveyed and set olf, by deed of conveyance duly exe- their capacity 
cuted and signed by them as agents for the heirs of James o^ ^S^'^^^* 
Trimble, deceased, and the conveyance thus made and exe- 
cuted, shall be good and valid in law to all intents and pur- 
poses. 



[Act of February 3, 1807, 5 v, L. O, p, 112.] 

An act confirming to James Innes Clarke, five shares in the Ohio Com- 
pany's Purchase. 

Whereas, at tlie General Assembly of the state of Rhode- Preamble. 
Island and Providence plantations, begun and holden at 
Providence on the last Monday of October, A. D. 1804, 
John Innes Clarke, esq. of said Providence and Lydia 
his wife, Ehzabeth Nightingale, of said Providence, 
widow and dowager of Joseph Nightingale, late of said 
Providence, merchant, deceased, for herself and for 
William Nightingale, Joseph Nightingale and George 
C. Nightingale, sons of the said Joseph and Elizabeth, 
minors under the age of twenty-one years, and to whose 
persons and estates the said Elizabeth is guardian, John 
Clarke Nightingale, Samuel W. Greene and Polly his 
wife, which said John Clarke Nightingale and Polly 



^Q^ AGEXTS TO SELL AND CONVEY LANDS, 

Greene are children of the said Joseph Nightingale, 
deceased, preferred their petition to said General As- 
sembly of said state of Rhode-Island, therein stating 
that they had agreed to make partition of certain of 
the real estate, whereof, the said John Innes Clarke 
and Joseph Nightingale were possessed at the time of 
the decease of the said Joseph, and praying that the 
said partition might be ratified and established. And 
whereas the said General Assembly of said state of 
Rhode-Island, at their session aforesaid, did pass an act 
ratifying and establishing said partitions, so far as it re- 
lated to the lands and tenements, therein mentioned, 
situate in said state of Rhode-Island: Provided, That 
the legislatures of the several states of New -Hamp- 
shire, Massachusetts, Vermont, Ohio and New- York, 
should respectively pass acts ratifying said partition, 
relati\e to such of the premises as lie, and are within 
their respective jurisdictions, within five years from that 
time; a copy of which said partition and act of said 
General Assembly of said state of Rhode-Island are on 
file, reference thereunto being had. And whereas, in 
and by the said partition so made and established as 
aforesaid, five rights in the Ohio Company's Purchase, 
being the only rights therein, which the said Clarke 
and Nightingale owned at the time of the decease of 
said Nightingale, were assigned to the said John Innes 
Clarke, his heirs and assigns forever: Therefore, 



T^artition con- 



Sec. 1. That the said partition so made as aforesaid, by 
f -^^ed^^^ ^°"' the agreement of parties as aforesaid, be, and the same hereby 
is, ratified, established and confirmed, to every legal intent 
and purpose, in as full and ample a manner as if the same had 
been made by the acts and deeds of the said Clarke and 
Nightingale, in the lifetime of the said Nightingale, as rela- 
tive to all the premises therein mentioned, situate in the said 
state of Ohio; and that the said John Innes Clarke, his heirs 
and assigns shall, and may forever hold and enjoy in fee sim- 
ple, the said five rights in the Ohio Company's Purchase, so 
assigned to him as aforesaid, in the said agreement of par- 
tition. 

Record of this Sec. 2. That the recording this act in the proper county 
act, a convey- where the several tracts are situated, shall be a sufficient 
ance, record of the title to the aforesaid several tracts set otf and 

directed in manner aforesaid. 



AGENTS TO SELL .1BND CONVEY' LANDS. 269 

[Act ofJanmrij 13, 1808, 6 v, L. O, p. 30.] 

An act appointed Daniel Stewart agent for the heirs of Jcdediah Ens- 
worth, deceased. 

Sec. 1. That Daniel Stewart, of the township of Troy, "^ ^rt"crea^ed^" 
Uie county of Athens, and state of Ohio, be, and he hereby is, ^^g^t for the 
appointed agent for tlie minor heir, or heirs, of Jedediah Ens- heirs of Jede-. 
worth, late of the town of Pomfret, in the state of Connecti- di^*^^"^- 
cut, deceased, and he is hereby authorized to sell and convey ^^"^^ 
the following tract or parcel of land, viz: Being so much of a His power. . 
share of land in the Ohio Company's Purchase, which was 
drawn in the name of said Ensworth, as belongs to the minor 
heirs of the said Jedediah Ensworth, deceased; and the said 
Daniel Stewart shall be governed by such directions as he 
mav from time to time, receive from the lawful guardians of 
said heirs, and shall pay over .all sums of money that he 
may receive for said lands, to the guardians, for the use of 
said heirs. 

Sec. 2. That the said Daniel Stewart shall (previous to To give bond. 
his entering on the business aforesaid) give bond with suffi- 
cient sureties, to the acceptance of the court of common 
pleas of the count}' of Athens, for the faithful performance of 
said trust, which bond shall be lodged with the clerk of the 
court of common pleas of said county of Athens. 

Sec 3. That the said Daniel Stewart shall convey said To sign deed 
land, by deed in fee simple, signed by him the said Daniel ^^ ^o^"^* 
Stewart, as agent for the minor heir, or heirs, of Jedediah 
Ensworth, deceased; and the deed, or deeds, so made by him 
the said Daniel Stewart, shall be good and valid in law, to 
all intents and purposes. - 

Sec. 4. That an act passed the twentieth day of Febru- ^^* repealed. 
ary, A. D. 1805, entitled "An act appointing Isreal Putnam 
agent for the heirs of Doctor Jedediah Ensworth, deceased," 
be and the same is hereby repealed. 

This act to be in force from and after the passage thereof. Effect. 



[Act ofJanuari/ 20, 1808, 6 v, L, 0, p, 158.] 

An act a'.ithcrizing certain person?, therein named, to sell certain lands for 
the benefit of the creditors, heirs and legal representatives of the late John 
Francis Hamtraijack, deceased. 

Whereas it hath been represented to the General Assembly Preamble, 
of the state of Ohio, that a certain John Francis Ham- 
tramck, and Rebecca, his wife, by a special deed of trust, 
bearing date the eleventh day of March, eighteen hun- 
dred and one, amongst other things conveyed certain 
Iand>:, tenements and hereditaments, lying and being 



270 ACCENTS TO SELL AKt> CONVEY LANDS. 

situate in the state of Ohio, to OUver Ormsby and Ed- 
ward W. Turner, for the purpose of levying and rais- 
ing a sum of money, to pay and discharge certani debts 
in schedule annexed to tlie said deed, particularly set 
forth ; and whereas it hath been further represented as 
aforesaid, that the said Oliver Ormsby and Edward W. 
Turner have refused and neglected to do, perform and 
discharge the trust reposed in them as aforesaid, and 
further, that the said John Francis Ilamtramck is now 
deceased : Therefore, 

Administra- Sec. 1. That the administrators of the estate, rights and 
tors created credits of the said John Francis Hamtramck, deceased, to 
ffnds'ofTr wit:— William Henry Harrison, Jesse B. Thomas and Re- 
Mamtramck.'becca Thomas, his wife, late widow of the late John Fran- 
cis Hamtramck, deceased, and Oliver Ormsby, one of the 
trustees named in the deed of trust, be, and they are hereby, 
authorized and empowered to sell and dispose of all the 
lands, tenements and hereditaments belonging or in any wise 
appertaining to the estate, of the estate of the said John 
Francis Hamtramck, deceased, and lying and being situate 
in the said state of Ohio, to and for the purposes in the said 
deed of trust specified, and that the said administrators, 
together with the said Oliver Ormsby, or any three of them, 
as the case may be, make and execute all necessary deeds of 
conveyance to the purchaser or purchasers for securing to 
him, her, or them, the absolute fee simple in the lands, tene- 
ments and hereditaments that may or shall be sold and pur- 
chased in manner aforesaid: Provided, That if either of them 
shall refuse to act on notice given thereof, or be prevented 
by death, then any three of the last above named may trans- 
act said business in as ample a manner as all of them could 
do, by virtue of this act. 
How to apply Sec. 2. That the said administrators be, and they are 
proceeds. hereby authorized, after the payment of the debts annexed 
to the said deed of trust, to apply the balance of the proceeds 
of the sale of said land, to the payment of the decedent's other 
legal debts, and to, and for the use of his heirs and legal re- 
presentatives: the proceeds of such sales shall be accounted 
for by the said administrators in a due course of administra- 
tion. 
To ^ive bond. ^^c. 3. That the said administrators, prior to their entei;- 
ing upon the duties required of them by this act, shall enter 
into bond, with such security as by the court of common 
pleas, for the county of Fairfield, shall be deemed sufficient, 
conditioned for the faithful discharge of the duties enjoined 
on them by the above recited act, which bond shall be made 
payable to the clerk of the said court, for the time being, for 
the benefit of those concerned in the said estate, which shc\ll 
be filed in the office of the said clerk. 



mi 



AGENTS TO SELL AND €ONVEY LANDS. 

This act to take effect, and be in force, from and after 
the passage thereof. 



[Act of January 20, 1808, 6 v. L, O. p, 8.] 

An act appointing Nathaniel Beasly, agent for the heirs of John Beaslj, 
deceased. 

Whereas John Beasly, late of the town of Manchester, coun- preamble. 
ty of Adams, and state of Ohio, deceased, did, in his life- 
time, follow locating in the Virginia Military District, 
and did sell and dispose of certain tracts of land, for 
which he gave his obligation, binding himself and his 
heirs, to make deeds of conveyance, which has not been 
complied with : and whereas the said John Beasly 
did locate a number of tracts of land, to which the said 
heirs are entitled to a dividend: Therefore, 

Sec. 1. That Nathaniel Beasly, of Byrd township. Agent ap- 
Adams county, a>id state of Ohio, be, and he is hereby, ap- pointedfor the 
pointed agent for the heirs of John Beasly, late of the coun-g'J,^jJ^gly^ ° ^ ' 
ty and state aforesaid, deceased; and he is hereby authorized 
to convey, by deed of conveyance, all lands sold by the said 
John Beasly, agreeable to the true intent and meaning of all 
such contracts as the said John Beasly entered into in his 
lifetime, to the person or persons holding such obligations; 
to make divisions of ail lands, in behalf of the said heirs, 
with whom they held lands in partnership; to finish the lo- 
cating and surveying the lands before mentioned, for the use, ^i^ powers. 
benefit and advantage of his said heirs; and to receive titles, 
in behalf of said heirs, from whom titles now are, or here- 
after may become due. 

Sec. 2. That the said Nathaniel Beasly, previous to en- To give bond. 
taring upon the business as aforesaid, shall enter into bond, 
witli good and sufficient security to the acceptance of two of 
the associate judges of the court of common pleas in and for 
the county aforesaid, in such sum as said court shall require, 
conditioned for the faithful performance of his trust; which 
bond shall be given in the name of the clerk of the court for 
the time being, for the benefit of the estate of tlie said John 
Beasly, deceased, and lodged in the oflice of the clerk of the 
court aforesaid. 

Sec 3. That all acts, deeds, conveyances and transac-Hisactstob^ 
tions, done and executed, and signed by the said Nathaniel ^^^^^• 
Beasly, as agent for the heirs of John Beasly, deceased, 
shall be good and valid in law, to all intents and purposes. 

Sec. 4. That in case of the death, or resignation of the Courtmay 
said Nathaniel Beasly, or his being personally interested in supply vacajj- 
said estate, the court shall appoint an agent for that special ^^^ 



272 AGENTS TO SELL AND CONVEY LANDS. 

purpose, who shall qualify himself agreeable to the provi- 
sions of this act, Avhose powers shall be the same, and acts ae 
vahd, as the agent appointed by this act. 
Court may Sec. 5. That if it shall be made appear, to the satisfaction 

direct sale of of the said court, that there is not personal property suffi- 
real property, cient to satisfy the demands against the said estate, the court 
shall direct the agent to sell such part of the real estate as 
they may deem best for the interest of said estate, to satisfy 
such demands. 
Agent's com- Sec. 6. That the court of common pleas shall from time 
pensation. to time allow the said agent such compensation, for his ex- 
pense and services, as they may deem just and reasonable, 
out of the said estate. 

This act to take eficct from and after the passage thereof. 



[.del of January :24, 1809, 7 v. L. 0. p. 105.] • 

An act appointing Amo« Evans and George Wilson, agents for the heirs of 
John Wilson^ deceased. 

A. Evans and Sec. 1. That Amos Evans and George Wilson, both of 
G. Wilson Highland county, state of Ohio, be, and they are hereby, ap- 
created agents .^^^^ agents for the minor heirs of John Wilson, late of 

Ot J. Wilson's r '^ 1 , , r rz ^ 1 ^ i i 7i 

heirs. Mason county and state oi Kentucky, deceased; and they are 

hereby authorized and empowered, by and with the consent 
of the guardian or guardians of the said minor heirs, to sell 
and convey, by a good and sufficient deed or deeds, jointly 
with the other heirs of the said John Wilson, deceased, the 
interest or estate that the said heirs have to the in-lots, num- 
ay sell ots. y^^y^^ ^^^ hundred and eighty-two, and ninety-one, upper 
half of out-lot, numbered one hundred and ten; also, out-lots, 
numbered one hundred and eleven and one hundred and 
twelve, situated in the town of Chillicothe and county of 
Ross. 

Proceeds how Sec. 2. That the said Amos Evans and George Wilson, be, 

a-pplied. and they are authorized to apply so much of the proceeds of 

the sale of the lots aforesaid, as may belong to the minor heirs 
of the said John Wilson, deceased, as may be necessary to de- 
fray the expense which has or may accrue on the division of 
the real estate of the said deceased, so far as the said minor 
heirs may be in arrears therefor, and the surplus, if any there 
shall be, shall be applied towards the purchase of lands for 
the said minor heirs, in such manner as the said guardians 
and agents may deem most advantageous. 

Acts valid. Sec 3. That all deeds of conveyance duly executed and 

signed by them as agents for the minor heirs of John Wilson, 
deceased, for the purpose before mentioned, shall be good 



AGENTS TO SELL AND CONYEY LANDSy 373 

find valid in law, as if conveyed by the said John Wilson in 
his life time. 

This act shall commence, and b« in force, from and after Meei-. 
ihc passing thereof. 



[Act of February 17, 1809, 7 v. L. 0, p, 163.} 

An act for the relief of John Collet and Michael Blair. 

Whereas John Collet, of the county of Ross, on the twenty- Preamble, 
third day of October, one thousand seven hundred and 
ninety-eight, did, by a warranty deed, convey to Michael 
Blair, then and still a minor, the full half of an in-lot, in 
the town of Chillicothe, situate on the north side of Main 
Water-street, and the lower half of said lot, adjouiing 
to John M'Dougal's, three poles in front, and twelve 
poles back, including the improvements that the said 
Blair then lived on, and described in said deed, as being 
number twenty-one, by mistake, when in fact, the said 
number was, and ought to have been stated as number 
two hundred and sixty-one ; by reason of which mistake, 
a different number was conveyed to the said Michael 
Blair, from that which was intended to be conveyed, and 
one which the said John Collet had no title to; which 
deed was recorded in the office of the recorder for Rosa 
county, on the 27th day of December, one thousand 
seven hundred and ninety-eight: Therefore, that the 
aforesaid ^nistake may be rectified, and the conveyance 
aforesaid, take place, agreeably to the intention and 
meaning of the parties: 
Sec. 1. That the said John Collet, shall have full power Collet may 
and authority to convey the aforesaid half lot of ground, to convey to 
the said Michael Blair, by its proper number; which title, ^^^"^^ 
when so conveyed, shall be a complete bar and release to the 
said John Collet, from any liability to the said Michael Blair, 
his heirs or assigns, on account of executing the deed for 
said half lot before described. 

This act to take effect, from and after the passage theraof. 



[Act of February 20, 1812, 10 v. L. O. p. 182.] 
An act for the relief of the heirs of William Wilson, deceased^ 
(Preamble.)- 

Sec. 1. That the court of common pleas for the county ofTristeee&r 
Montgomery, is hereby authorized as si court ©f shsaiQQry oa Wil*^^'^ ^^^ 

h 2 



^S74 



AGENTS TO SELL AND CONVEY LANDS. 



the application of the heirs, or the administrators of the 
goods, chattels, rights and credits of William Wilson, deceas- 
ed, the consent of the widow being previously obtained, to 
appoint a trustee or trustees, who, upon giving good and 
sufficient security, as is herein after mentioned, may, under 
the direction of such court, sell and convey to any person or 
persons a certain tract of land, lying and being in the county 
of Montgomery, containing one hundred and ten acres, of 
which the said William Wilson, deceased, died seized, and 
Upon the sale thereof, to make a good and sufficient deed or 
deeds of convej^ance, for the same, to the purchaser or pur- 
chasers, his, her, or their heirs, executors and administrators ; 
and the said trustee or trustees, in the sale of said land, shall 
be governed in all respects agreeably to the thirty-second 
section of the act, entitled "An act for the proving and re- 
cording wills and codicils, defining the duties of executors 
and atiministrators, the appointment of guardians, and the 
distribution of insolvent estates," passed the tenth of Febru- 
ary, one thousand eight hundred and ten ; and the monies 
arising from such sale shall be applied by the said trustee or 
Power and du- trustees to the purchasing of Congress lands, within three 
years, in the town of Madison or its vicinity, in the Indiana^ 
territory, in the name, and for the use and benefit of said 
heirs, immediately upon such purchase. 

Sec. 2. That before the said trustee or trustees shall pro- 
ceed to sell the said tract of land as aforesaid, they shall en- 
ter into bond, before the court of common pleas of Montgome- 
ry county, with two good and sufficient securities, such as 
the court shall approve of, to the said heirs, in double the 
appraised value of said land, conditioned for the faithful per- 
formance of all and singular the conditions herein prescribed, 
which bonds shall be lodged with the clerk of said county, to 
and for the use of said heirs: Provided^ That nothing in this 
act contained shall be so construed as to bar the right of any 
bona fide creditor, but the court, in all things touching the 
premises, shall proceed and decree according to right and 
justice. 



ty. 



Trustees to 
give bond. 



Proviso. 



[Act of February 21, 1812, 10 v. L. O. p, 152.] 

An act for the relief of the widow and creditors of Augustus Blancharc^ 

deceased. 



Preamble. 



Whereas it has been represented to this General Assembly, 
that Augustus Blanchard, late of New-Hampshire, de- 
ceased, died insolvent, and at the time of his death was 
seized of certain wild lands within the Ohio Company's 
Purchase, of Jin unproductive nature; and whereas the 



AGENTS TO SELL AND CONVEY LANDS. £76 

existing laws, touching the estates of insolvent persons, 
who may have died out of this state, do not furnish a 
sufficiently ample relief: Therefore, 
Sec. 1. That the court of common pleas or supreme Courts may 
court for the county in which any of said lands may lie, be ^^"^^^^"'^^ ** 
authorized to cause the whole of said lands to be sold, and 
of the avails thereof to make such distribution as may be 
consistent with the rules of law and equity; and if, after the 
payment of the just and equitable debts of the deceased, a 
residue should remain, the same to distribute among those of 
kin to the deceased, according to the laws of this state: Pro- Proviso^ 
vided ahvays^ That the right of dower of the widow of said 
Augustus, shall in no wise be impaired; but the same lands 
shall be sold, subject to the dower of the widow, unless by 
the consent of such widow, in which case the widow shall be 
entitled to receive such portion of the avails of such lands as 
the said court may deem her equitable claim therein to be 
worth. 

Sec. 2. That the application be made to such court by bill Bill in chan- 
in chancery, and the court shall require that due and rea-cery tobefileil 
sonable notice of the pendency thereof shall be given, and 
that all proper persons be made parties thereto, so that each 
person interested may have justice according to the, equity of 
his claim ; and the said court, if a decree should be made in 
the premises, directing the sale as aforesaid, shall appoint a 
suitable person as a trustee, to direct and superintend the Trustee to b© 
sale, and do such other acts as may be according to the *PPo*"'®^» 
lisages of courts of equity in Wch cases, ^ 



[Act of January 7, 1813, II r. L. O.p. 22.] 

An act for the relief of the devisees of Aaron Olmsted. 

Whereas Aaron Olmsted, late of East Hartford, in the coun- Preamblffi 
ty of Hartford, and state of Connecticut, deceased, by 
his last will and testament, devised to his three sons 
Horace Bigelow Olmsted, Aaron Franklin Olmsted, 
and Charles Hyde Olmsted, all his estate in the Con- 
necticut Western Reserve, in the state of Ohio, contain- 
ing, in the whole, about thirty thousand acres, more or 
less, to be to them his said three sons in equal shares, 
and to the heirs of their bodies lawfully begotten for- 
ever: and whereas the aforesaid devised lands are alto- 
gether unimproved and unproductive, and by reason of 
the entailment are unsaleable, whereby the aforesaid 
devisees are unable to derive any benefit therefrom, or 
any means of paying the taxes thereon, which are year- 
ly accumulating with penalties ajnd interest, which must 



276 AGENtS TO SELL AND tfONVEV LANDS. 

in a short period, totally divest the said devisees of their 
interest in said lands, which to prevent, and to render 
said property useful to the said devisees and their pos- 
terity: 
Committre to Sec. 1. That James Kingshury, Samuel S. Baldwin and 
make parti- Rodolphus Edwards, he, and they are hereby, appointed a 
**°°' committee to make partition of all the lands which were de- 

vised to Horace Bigeiow Olmsted, Aaron Franklin Olmsted 
and Charles Hyde Olmsted, by their late father Aaron Olm- 
sted, deceased, which are situated in the Connecticut West- 
ern Reserve, and now owned by them in common. 
Their power Sec. 2. That the aforesaid committee, in making partition 
and duty. of the aforesaid lands, shall be governed by the provisions of 
the act, entitled "An act to provide for the partition of real 
estates;" and shall make return of such partition to the 
supreme court for the counties within which such lands are 
situated; and the clerks of said court shall record the same 
in the records of the court, which partition, when thus re- 
corded, shall be binding upon the parties concerned. And 
the aforesaid committee shall make an appraisement of each 
tract of land by them divided, which shall be returned and 
recorded together with the aforesaid partition. 
Names of the ^^^* ^' ^^ ^at Mary L. Olmsted, Levi Goodwin and Caleb 
board of trus- Goodwin, be, and they are hereby appointed, a hoard of trus- 
tees, tees for the purposes herein after specified. And the said 
trustees, before entering upon their trust, shall give bond, 
with security, to the acceptance of the supreme court, in 
double the appraised value of all of said lands, conditioned 
for the faithful performance of said trust, which bond shall 
be made payable to the governor of this state, for the time 
being, and to his successor in office; and shall be deposited 
in the office of such clerk of the supreme court, as such court 
shall direct, for the benefit and security of the parties con- 
cerned. 
Trustees or a Sec. 4. That the aforesaid trustees, or a majority of them, 
majority of may, and they are hereby empowered to sell and convey all 
them may sell ^j. g^j^^^ p^j,^ ^f ^j^^ aforesaid lands, after the same shall have 
been divided in the manner aforesaid, either for cash or on 
such length of credit as they shall deem most beneficial for 
the devisees aforesaid, not exceeding five years, with inte- 
p ,. rest, annually, and on approved security: Provided^ That 
none of the aforesaid lands shall be sold for less than their 
appraised value, except so much thereof as shall be necessa- 
ry to remove incumbrances; and the said trustees may, if ther 
think proper, lease any part of said land for a term not ex- 
ceeding ten years. 
Proceeds of ^^^' ^' That the trustees aforesaid, shall apply the first 
sale how ap- proceeds from the sale of said lands, to the pa3inent of taxes 
plied. and removing such incumbrances as said lands may be sub- 
ject to; and the principal sum arising from such sale, aftor 



A€ENT9 TO SELl AN© CONVEY LANDSj 5^7 

making the disbursements aforesaid, shall, by said trustees, 
be vested in bank stock, stock of the United States, or in 
such other productive property or funds as shall be deemed 
secure and most beneficial for the said devisees ; and the in- 
terest or profit arisin'g therefrom, shall be applied, from 
time to time, as the same is received, to the use and benefit 
of such of said devisees from whose property the same is de- 
rived. 

Sec. 6. That in case of a vacancy in said board of trus- Supreme court 
tees, either by non-acceptance, death, or otherv^ise, the su- i«ay fill va?v 
preme court shall have power to appoint a person or persons ^^'^<^^^^- 
to fill such vacancy, who shall have the same power, and be 
governed by tlie same rules as those appointed by this act. 
And the supreme court shall have power to remove any of 
said trustees for neglect of duty or misconduct in the execu- 
tion of their trust; and the said trustees shall annually render 
an account of the trust to the supreme court. 

Sec. 7. That whensover, and as often as said trustees shall How trustees 
produce to the supreme court, an official certificate from any may be dis- 
court of probate, or any other court of record, within the ^J^.^^f ^^^^^^^^ 
state of Connecticut, other than a justice of the peace, cer- 
tifying that they have vested any sum of money, the avails 
of said lands, in bank stock, stock of the United States, or any 
other safe and productive property, of which such court shall 
approve, in trust for the benefit of said devisees or such of 
them from whose land such money shall have been derived; 
and that said trustees have given bonds to the acceptance of 
such court, conditioned for the faithful discharge of their 
trust, so far as it respects the property so by them purchased, 
in trust as aforesaid, it shall be deemed good accounting to 
the supreme court of this state for the amount so certified, 
and shall so far discharge them from their bonds given to the 
governor of this state. 

Sec. 8. That in case of the death of either of said devi- How devisees' 
sees, his share of said estate, whether in the lands aforesaid estate shall da- 
or other property, derived from the sale thereof^ shall de-^^^" ' 
scend to his legal representatives in the same manner as 
other similar property; and the trust estate and entailment, 
so far as respects the share of such deceased devisee, shall 
thenceforth cease, and the estate become absolute in such 
representatives: Provided, That if any such deceased devi- ProviVo, 
see shall leave a widow, the trust estate or entailment shall 
not cease as it respects her dower therein, but shall continue 
during her life; and she shall be entitled to receive the 
interest, rents or profits arising therefrom, and after her 
death the same shall descend in manner aforesaid. 



S7d AGENTS TO SELL ANO CONVEY LAND^. 

[Act of January 25, 1814, 12 r. L. O, p. 75.] 

An act appointing William Wells agent for the heirs of Abner Moscly, dei~- 

ceased, 

(Pi'eamble,) 

W. Wells ap- Sec. 1. That William Wells, of the township of Spring- 
pointed agent field, in the county of Muskingum and state of Ohio, be, and 
ed to" seu"^" ^^ hereby is, appointed agent for the minor heirs of Abner 
lands. Mosely, late of the town of Weathersfield, in the county of 

Hartford and state of Connecticut; and he is hereby autho- 
rized to sell and convey all or any part of the tract of three 
thousand five hundred acres, in the first quarter of the se- 
cond township, in the seventeenth range, and also such part, 
or all of the tract of two thousand two hundred and ninety 
acres in the first quarter of the fifth township, in the nine- 
teenth range, as may be necessary for carrying into execu- 
tion the said Abner Mosely's plans of extinguishing the ori- 
ginal claims: and the said William Wells shall, after extin- 
To be under guishing such claims, be governed by such directions as he 
the direction may, from time to time, receive from the lawful guardian or 
of the guar- guardians of said heirs, and shall pay over or account for all 
sums of money that he may receive for said lands, to the guar- 
dians for the use of said heirs. 

To give bond. Sec. 2. That the said William Wells shall, previous to en- 
tering on the business of such agency, enter into bond, with 
sufficient surety, in the penal sum of twelve thousand dol- 
lars, payable to the treasurer of the county of Franklin, or 
his successor in ofiice, to the acceptance of the court of com- 
mon pleas of said county, conditioned for the faithful per- 
formance of said trust; which bond shall be lodged with the 
clerk of said court: on which bond any person or persons in- 
terested and aggrieved may, at any time, institute a suit in 
the name of such treasurer, or his successor in office for the 
time being, and on due proof made shall be entitled to recover 
a judgment for the amount of the penalty of said bond, said 
judgment to be discharged as to such person so suing, on the 
payment of such sum, together with the costs, as may seem 
to the court rendering judgment just and reasonable; and the 
judgment so rendered for such penalty, shall remain in full 
ibrce for the benefit of any other person or persons, who may 
be injured by any breach of the condition of said bond; and 
any person so injured other than the original plaintiif, may 
have his or their scire facias from time to time, on said judg- 
ment, and on due proof recover as aforesaid: Provided, That 
if the person or persons first suing should fail to recover 
judgment as aforesaid, any other person injured may sue and 
recover on said bond in the same manner as if said first suit 
had never been commenced. 



Ill 



AGENTS TO SELL AND COXTEY LANDS. 27 ^ 

Sec. 3. That all deeds of conveyance duly executed and Assent's acts 
signed by the said William Wells, as agent for the minor declared val 
heirs of Abner Mosely, deceased, for the purposes before 
mentioned, shall be good and valid in law, as if conveyed by 
the said Abner Mosely in his life time: Provided^ That no- ^^'^'^^^^• 
thing in this act contained shall be so construed as to affect 
the rights of any third person acquired previous to the exe- 
cution of any deed or other instrument of conveyance by the 
said William Wells as aforesaid. 

Note.— Act of February 18, 1802, [1820] 20 v. p. 46. Allison C. Looker 
appointed a2;ent for Benjamin Hough's heirs. Supplementary act of Janu- 
ary 15, 1821, 19 V. p_. 2*6, 

Act of February 25, 820, L. L. 1819—20, p. 93. William Creighton, 
iun. appointed agent for Nathaniel Massie's heirs. Supplementary act of 
'December 26, 18'20, 19 v. p. 19. Cadwallader Wallace authorized to sell 
lands, &c. 

Act of December 26, 1820, 19 v. p. 13. Court Common Pleas of Trum- 
bull county may appoint a guardian to Daniel Borden. Guardian may 
sell lands, &c. 

Act of January 29, 1821, 19 v. p. 104. Samuel Quinby authorized to 
sell lands belonging to the estate of John Leavitt. 

Act of February 2, 1821, 19 v. p. 130. Horatio Bruce appointed agent 
for John Beasly's heirs. 

Act of January 25, 1822, L. L. 1821—2, p. 20. George Parsons, admin- 
istrator of Calvin Austin, authorized to sell lands. 

Act of February 2, 1822, L. L. 1821—2, p. 48. The guardian of James 
and Thomas C. Wilson, maj^ convey lands to James Galloway, iun. 

Act of February 2, 1822, L. L. 1 821-2, p. 49. Alexander M'Coy ap- 
pointed agent for James Dunlap's heirs. 

Act of December 28, 1822, L. L. 1822 — 3, p. 6. Overseers of the poor in 
Reily, Butler county, may make a deed for land to Michael O. Dugan. 

Act of January 25, 1823, L. L. 1822—3, p. 54. Mary Clecker, adminis- 
tratrix of Joseph Clecker, may sell eauitable i.iterest in land. 

Act of December 29, 1823, L. L. 1823—4, p. 4. Sally Robinson and 
James Stewart, appointed agents for William Robins m's heirs. 

Act of December 10, 1823, L. L. 1823—4, p. 6. Benjamin M. Piatt and 
N. Longworth, appointed agents for John H. Piatt's personal represen- 
tatives. 

Act of February 2, 1824, L. L. 1823—4. Erastus Griswold may sell 
lands of the devisees of Zacheus Griswold. 

Act of February 5^ 1824, L. L. 182^3 — 4. Daniel Bumgarner may sell 
lands of Rebecca Bumgarner. 

Act of January 28, 1824, L L. 1823 — 4, p. 39. John Pool, guardian, 
may sell lands of Thomas Pool's heirs. 

Act of February 6, 1824, L.L. 1823— 4, p. 76. Lyne Starling auth<J- 
rized to complete contracts, sell lands, &c. of Lucas Sullivant's heirs. 

Act of February 11, 1824, L. L. 1823—4, p. 86. Noah Fidler, guardiau 
of Carlton Belt's heirs, may sell land. 

Act of February 17, 1824, L. L. 1823—4, p. 93. Abram L M'DoTfell 
appointed agent to sell the lands of Harriet Basktts, 



' /r-'- ■ 



^ttuttim^nt 



[Adopted from Pennsylvania — published June 1, and took effect'* 
August 15, nd5,MaxwelPs ed. T. L.p. 26.] 

Sec. 2. As soon as the justice of the peace, before whom 
proceedings of the writ of attachment is returnable, accepts the constable's 
^^ ' return thereof, the said justice shall immediately appoint 

two substantial freeholders, to take into their custody all the 
goods and chattels attached, for which they shall be account- 
able, until they shall dispose of the same, as herein after is 
directed; and shall, also, forthwith publish his said proceed- 
ings, by advertisements, in the most public places, near the 
late dweiing place of the person so, as aforesaid, absenting; 
and likewise in one, or more, of the public newspapers within 
this territory; appointing the time and place for all the cre- 
ditors of the person, against whose effects and estate the 
^ausetobe attachment is granted, to appear, then and there to discover 
mnn!^^'' and make proof of their demands: and if, after a full and 
careful examination, it shall appear, that there is a just debt 
due to any one person from the said defendant, exceeding 
the sum of twelve dollars; then, and in every such case, the 
said justice of the peace, shall no further proceed; but shall 
deliver and certify to the prothonotary of the court of com- 
mon pleas, for the same county, the said attachment, and all 
proceedings thereon had before him: whereupon, it shall and 
may be lawful, for the justices of the said court, to grant and 
issue one writ of attachment, only, to the person or persons 
v/ho- obtained the said attachment from the said justice of the 
Lands, &e. to peace (if he demand the same) or, if not, then to any other 
be attached, creditor of the defendant, to the sheritfof the same county 
directed, requiring him to attach all the goods, chattels, 
rights and credits, lands, tenements, and hereditaments of 
the said defendant, vnthin his bailiwick. By virtue of which 
writ, the said sheriff shall, together with the residue of the 
said defendant's real and personal estate in the same county, 
attach, and take into his custody, all the goods and chattels 
of the said defendant (or the product of such part of them, 
as may be sold, according to the direction of this law) then 
in the hands and possession of the said freeholders, and, 
upon the return of the said writ of attachment, by th© said 



ATTACiniENT* 281 

sheriff, the justices of the srad court of common picas, and P^'jrCpcdlng-s 
all ot'ier persons acting under their Muthoritj, shall proceed cojumon picas 
thereon, in like manner, and shall have the same jurisdiction 
and powers, for the discovering, selling, collecting, compel- 
ling payment of, receiving and distributing the estate, real 
and personal, of the defendant among his creditors, as they 
might or could have had, if the said writ of attachment had, 
according to the laws of this territory, issued out of the same 
court. 

Sec. 3. When any attachment shall be granted by any First attach- 
justice of the peace, or any n^rit of attachment shall issue ^cnt to have 
out of any inferior court, according to the directions of this 1.^^.^^^^^^^*^^^^ 
law, no second or other attachment, or writ of attachment, issues, 
granted or issued by the said justice, or any other justice 
within the same county, or by the justices of the same infe- 
rior court, against the real or personal estate of the same 
defendant, or the execution of them, or any of them, shall 
bind or affect the right, title, interest or property of, or in, 
the real or personal estate of the same defendant, W'ithiri 
the same county, or any part thereof; while the proceedings 
on the said first attachment, or writ of attachment, remain 
undetermined: any lavr, usage or custom, to the contrary, 
notwithstanding. * 



\Adoptc(Jfrom Xew Jersey — 'published^ July 15 — took effect Octa- 
her 1, 1795, MaxweWs ed. T. L. p. 197.] 

A law allowing foreign attachments. 

Sec. 1. The lands and tenements, goods, chattels and Lands, tener 
effects, rights and credits of everv person or persons non-ment«, «&:c. of 
resident in this territory, shall and may be attached, for the ;^°^"-'^J^^^^f » 
payment of any just debt or other demand, by a writ or writs tached. 
to be issued out of the general court, or any circuit court, or 
court of common pleas; and, as early as may be, shall and 
may be proceeded against in the same manner as is directed 
against the lands, tenements hereditaments and estates of 
absconding debtors; except where otherwise herein directed. 

Sec. 2. Provided^ That every person or persons applying Oath to be 
for such writ or writs of attachment, shall, before the issu-™^^^' 
ing thereof, make oath or affirmation (and which shall be 
filed in the proper clerk's office) that he, she or they verily 
believe, that the person or persons against whose estate, or 
estates, the appUcation is made, is, or are, not, at that time, 
resident within the territory; and that such person or persons 
is, or are, justly, indebted unto the said plaintiff, or plaitiffs, 

♦Section 1, provides that the justice may issue the writ for any Bum oot 
exceeding $12. . . 

2 M 



283 . ATTACHMENT. 

iti a certain sum or sums of money, as nearly as may be, to 
the amount of ihe debt or otlier demand of such plaintiii*, 
or plairitiffs, as the case may admit; and as he, she Or they 
can lawfully swear or affirm to. 
The writ may Sec. 3. Where two or more persors are jointly indebted,,. 
issue agamst either as joint obligors, partners, or othervv^ise, tiren the writ 
and jmnt es! ^r Writs of attachmeiit sirail and may be issued against the 
late of joint separate and joint estate of such joint debtors, or any of them, 
debtors, or ^ eittier by their proper names, or by or in tlie name or style 
h£s?^ ^^' of the parinership; or by whatever other name or names 
such joint debtors siiail be generally reputed, known or dis- 
tinguished within iivis teTntcry; or agaii;st the heirs, execu- 
tors or administrators of them, or either or an}^ of them. And 
the lai ds, tenements, goode, cl?;attels and effects, or any of 
them shall he liable to be seized aid taken for tlie satisfac- 
tion of any just debt, or other demand; and may be sold to 
satisfy the Scime. 
Wheniud'^- ^^^' ^* No judgment shall be entered in any attachment, 
ment may%e hereby directed to be issued, until the expiration of twelve 
entered. months; during v»4iich term the party suing out the attach- 

ment shall, and he is hereby required to cause notice thereof 
police to be ^q ]jq advertised in one of the public newspapers of this ter- 
Sency of^he" ^itory, at least three times; and shall, in like manner, cause 
writ. the same to be advertised in one of the newspapers, at the 

seat of the United States' goyernment, wherever it may then 
be; and also in one of the newspapers, published in Ken- 
Wh tt n- ^^^^^y* "^"^^ich advertisement shall set forth, that a foreign 
fain. attachment or attachments have been issued, at whose suit, 

and against whose estate or estates the same so issued ; and 
that unless the debtor or debtors, whose estate or'estates are 
so seized, shall- appear, by himself or attorney, to give special 
bail to answer such suit, that then, judgment will be entered 
^against such debtor or debtors, by default, and the estate or 
estates attached, be sold for the satisfaction of all creditors 
who shall appear to be justly entitled to a demand thereoi\p 
and shall apply for that purpose. 

[Ad of January IB, 1802, 1 sess. 2 G. A. T. p. 5.] 

An act allowing and regulating writs of attachment. 

Writ to issue Sec. 1. That if any creditor, or in case of his absence or 
on oath. disability, his agent or attorney, shall make oath or affirma- 
tion, in writing, before any judge of the general court, justice 
of the court of common pleas, or justice of tb.e peace, tliat his 
debtor absconds to the injury of his creditors, as he verily 
believes, and shallfde such oath or affirmation with the clerk 
of the general court or prothonotary of the common pleas, 
such clerk or prothonotary shall thereupon issue a writ of 



/ 

ATTACHMENT. 983 

attachment, directed to the sheriff or coroner, ^ the case 
may require, commanding him to attach tlic lands, tenements, 
goods, chattels, rights, credits, monies and elfects of such 
debtor wheresoever they may be found; and if any clerk or 
prothonctary shall issue such writ of .".ttachment before oath 
or atJirmation be taken and filed as aforesaid, such writ shall 
be quashed, on motion, at the proper cost of the clerk of 
prothonotary issuing the same. 

Sec. 2. That the manner of executing such writ shall be Manner of ex? 
as follows: The officer to whom it is directed shall go to the^^^^^^"«' 
place where the defendant's property is or may be found, and 
there, in the presence of two credible persons at least, de- 
clarc that by virture of the writ to him directed, be attaches 
the lands, tenemeiits, goods, chattels, rights, credits, moniee; 
and effects of the said defendant, at the suit of such plaintiff 
in attachment; and tiie said officer with the assistance of two 
or more respectable freeholders, who shall be under oath or 
affirmation, shall make a true inventory and appraisement of 
all the property so by him attached, wbich inventory and ap- . 
praisement shall be signed by the said officer and fi*eehold- 
ers aforesaid, and shall be annexed to and returned together 
with the writ; and the said officer shall endorse on the said 
writ, the time of serving the same and subscribe his name 
thereto, and the property, so attached, shall be bound from 
the time of serving such attachment. 

Sec. 8. That it shall be the duty of the court, at the re- Court, to ap^ 
turn of such writ of attachment, to appoint three discreet per- J^^^"^ ^"^' 
sons, to audit and adjust the accounts and demands of the 
plaintiff, and of so many of the creditors of the defendant in 
attachment as may have applied to the court, or shall apply 
to the auditors for that purpose, before they shall have closed 
their report, which report shall be made in writing, signed 
by the said auditors, or any two of them, and shall be return- Judgment on 
ed to the court from which such writ of attachment issued, ^^P^^^** 
and at the third term, including the term to which the writ 
of attachment was returned, final judgment shall be entered 
on such report: Provided always, That the defendant shall Pro-viso. 
have been called three times at each of the said terms and 
have made default, and those defaults shall have been enter- 
ed by the clerk: And provided also, That if the said defend- Proviso, 
ant in attachment shall appear at either of the said terms, 
before judgment shall be entered as aforesaid, and shall enter 
into special bail, then the said attachment and all proceed- 
ings thereon shall be stayed as to the suit in which such bail 
shall be given, and if special bail shall be given to the suit of 
the plaintiff in such attachment, then all costs that may have 
accrued on such attachment shall abide the event of such 
suit, and all further proceedings on the attachment shall 
cea?e. 



^84 



ATTACHMENT. 



Proviso: no 
tice to be 
ffivea. 



Court mayor- Sec. 1 ^. That after judiiment shall be catered by default^, 
dcr a sale of ^,^ ^.^^ report of the said auditors, against the defendant in 
attachment, it shall be lawful for the said auditors, or any 
two of them, and they are hereby required, by virtue of aa 
order from the court, to sell and convey the goods, chattels, 
rights, credits and etFects, lands and tenements, which were 
taken and attached as aforesaid, or such part thereof as may 
be necessary to satisfy the demand of the plaintiff, and of the 
other creditors, who may have applied as is herein before di- 
rected, together with the costs: Provided^ That notice of 
such sale shall be set up in writing at three of the most pub- 
lic places within the county, at least, or be advertised in a 
newspaper, published in the county, for the space of fifteen 
days, at least, prior to such sale ; nor shall any sale be made 
of such lands and tenements in less than twelve calendar 
months from the return of such writ of attachment, nor of any 
goods, chattels, rights, credits or effects, till final judgment 
be had against the defendant as aforesaid, unless they be of 
a perishable nature, and then the court may, at any time, di- 
rect the said auditors, or any two of them, to sell such pe- 
rishable articles; in which case, advertisements set up in three 
of the most public places within the township, at least five 
days prior to such sale, shall be sufficient, and the rights, 
credits and choses in action, which may be sold by virtue 
of this act, shall be transferred or endorsed by the said au- 
ditors, or any two of them, to the purchaser, which endorse- 
ment shall transfer the right and property thereof, to the said 
indorsee, so as to enable him to sue for, and recover, the 
Proviso : lands same in his own name and for his own use: ^nd provided also^ 
^^\^^^ ^^ n?^^ That if any lands, taken in attachment, will rent for the 
amount of the debts proved against such defendant in seven 
years, as in other cases, such lands shall not be sold as goods 
and chattels. 

Sales b u- ^^^' ^^' '^'^^^ every bargain, sale, assignment and con- 
ditors binding, veyance, made by the said auditors, or any two of them, by 
virtue of the authority herein granted, shall be as binding and 
effectual as if the same had been made by the said defend- 
ant, prior to the service of the said attachment, 
lands of non- Sec. 15. That the goods, chattels, lands, tenements, rights, 
residents may credits, monies and effects of persons residing; out of this terri- 

l-ir» nft'joUo/l 1111 Til 1 11 1 

tory, shall be liable to be attached, taken, proceeded against, 
sold, assigned and transferred for the payment of their debts, in 
the same manner, as nearly as may be, as is herein provided 
with respect to other debtors: Provided, That instead of the 
oath or affirmation herein before provided, the applicant for 
such writ of attachment, his agent or attorney, shall make 
oath or affirmation, that the defendant is not, at that time, 
resident within the territory, as he verily believes, and that 
the said defendant is justly indebted to him in a sum of 
money, specifying, as nearly as he can, the amount of his de- 



if rents will 
pay debt 



be attached. 



Proviso. 



ATTACHMENT. 28c> 

maiid or balance: Ami provided also^ That no judgment shall I*roviso. 
be entered by virtue of this section until notice for the space 
of three months shall be given in one of the ncvspapers pub- 
lished in this territory, of t'le issuing of such attachment, and 
at whose suit, against whose estate, from what court the 
same issued, and that unless the defendant in attachment shall 
appear, give special bail, and receive a declaratio'i, judg- 
ment will be entered and the estate so attached will be sold 
for the benefit of tlie creditors. 

Sec. 16. That where two or more are jointly bound or in-Howwritmaj 

debted, either as joint oblisjors, partners or otherwise, the f^"^ ^^'?^. , 

., / ^^ , -^^ 1 ^. T . ^ .1 . tAvo are lomt- 

writ ot attachment may be issued against the separate or inbound. 

joint estate, or botli of such joint debtors, or any of them or 

against the heirs, executors or administrators of them, or any 

of them; and the estate, so attached, whether it be joint or 

separate, shall be liable to be sold and assigned in manner 

aforesaid. 

Sec. 17. That in case of the death of a debtor, residing Writ may is-- 
out of this territory, the writ of attachment, as above pro- sue against 
vided, may issue against his heirs, executors or administra- "'^' 
tors; and if any defendant shall die after the issuing of any 
writ of attachment, the said writ shall not abate thereby, but 
the same shall be carried on to judgment, sale, transfer and 
distribution, as if such death had not happened, and all pro- 
ceedings which shall be had in such case, shall be as valid as 
if the defendant had been living. 

Sec 21. That the act, entitled "A law allowing domestic Acts repealett-. 
attachments," published at Cincinnati, the first day of June, 
in the year of our Lord one thousand seven hundred and 
ninety-five, and also, the act, entitled "A law regulating do- 
mestic attachments," published at Cincinnati, the said first 
day of June, in the year of our Lord one thousand seven hun- 
dred and ninety-five, and also, the law, entitled "A law al- 
lowing foreign attachments," published at Cincinnati, the fif- 
teenth day of July, in the year of our Lord one thousand seven 
hundred and ninety-five, be, and the same are hereby repeal- 
ed: Provided^ That nothing herein contained shall affect the 
proceedings on any attachment now pending and undeter- 
mined; but the same shall be continued and conducted ac- 
cording to the rules and practice established under the acts 
of the territory, heretofore in force. 



{Act of February 21, 1805, 3 r. L, O. p, 81.] 
An act allowing and regulating writs of attachment. 

Sec. 1. That if any creditor, or in case of his absence or Writ to issue 
disabihty, his agent or attorney, shall make oath or aflirma-^n^ath of par- 
don, in writing, before any judge of the supreme court, pre- ^' 



286 AT/BAeHMEx\'T. 

si dent or associate judge of the court of common pleas, or 
justice of the peace, that his debtor absconds to the injury of 
his^ creditors, as he verily believes, and shall file such catk 
or affirmation with the clerk of the supreme court, or tho 
clerk of the common pleas, such clerk shall thereupon issue 
a writ of attachment, directed to the sheriff or coroner, as 
the case m.ay require, commanding him to attach the lands, 
tenements, goods, chattels, rights, credits, monies and effects 
of such debtor, wheresoever they may be found; and if any 
clerk shallissuesuch writ of attachment, before oath or affirma- 
tion be taken and filed as aforesaid, such writ shall be quashed 
on motion, at the proper cost of the clerk issuing the same. 
Howexe- Sec. 2. That the manner of executing such writ, shall be 

cuted. as follows: The officer to whom it is directed, shall go to the 

place where the defendant's property is or may be found, and 
there, in the presence of two credible persons at least, de- 
clare, that, by virtue of the writ to him directed, he attaches 
the lands, tenements, goods, chattels, rights, credits, monies 
and effects of the said defendant, at the suit of such plaintiff 
in attachment, and the said officer, with the assistance of tvro 
or more respectable freeholders, who shall be under oath or 
affirmation, shall iaake a true inventory and appraisement of 
all the property so by him attached, which inventory and 
appraisement shall be signed by the said officer and freehold- 
ers aforesaid, and shall be annexed to and returned together 
Avith the writ; and the said officer shall endorse, on the said 
writ, the time of serving the same and subscribe his name 
thereto, and tlie property so attached shall be bound from 
the time of serving such attachment. 
Court to ap- Sec. 8. That the court, at the return of such writ of 
poin<^au^^<^^^"^ attachment, shall appoint three discreet persons to audit and 
adjust the accounts and the demands of the plaintifiT, and so 
manv of the creditors of the defendant in attachment, as 
may have applied to the court or shall apply to the auditors 
fortliat purpose, before they shall have closed their report^ 
Judgment on which report shall be made in writing, signed by the said au- 
their report, ^itors or any two of them, and shall be returned to the court 
from which such writ of attachment issued, and at the third 
terra, including the term to which the writ of attachment was 
returned, final judgment shall be entered on such report: 
Proviso. Provided, That the defendant shall have been called three 

times at each of the said terms and have made default, and 
those defaults shall have been entered by the clerk: Pro- 
vided also, That if the said defendant in attachment, shall 
appear at either of the said terms, before judgment shall be 
entered as aforesaid, and shall enter into special bail, then 
the said attachment and all proceedings thereon shall be I 
stayed as to the suit in which such bail shall be given, and i 
if special hail shall he given to the suit of the plaintiff in 
such attachment, then all costs that may have accrued on 



ATTACHMENT. 287 

Bucli aitachmeiit shall abide the event of si^ch suit, and all 
farther j^roceedings on the attachment shall cease. 

Sfx:. 11. That after jadgmcnt shall be entered by default, Amlitors rany 
on the report of the said auditors, against the defendant in sell lands, 
iittachment, it shall be lawful for the said auditors, or any 
two of them, and they are hereby required, by virtue of an 
order from the court, to sell and convey the goods, chattels, 
rights, credits and ctfects, lands and tenements, which were 
tajwcn and attached as aforesaid, or such part thereof as may 
be necessary to satisfy the demand of tiie plaintiff and of the 
other creditors who may have applied, as is herein before 
directed, together with the costs: Provided^ That notice of 
such sale shall be set up in writing, at three of the most pub- 
lic places within the county, at least, or be advertised in a 
newspaper, published in the county, for the space of fifteen 
days, at least, prior to such sale; nor shall any sale be made 
of such lands and tenements, in less than tvvxlve calendar 
months from the return of such writ of attachment, nor of ^^^t *« ^<5 ^ojd 
any goods, chattels, rights, credits or effects until ftnal judg-Jj^^^^^g^^^" 
ment be had against the defendant as aforesaid, unless they 
be of a perishable nature and then the court may, at any 
time, direct tlie said auditors, or any two of them, to sell 
such perishable articles, in which case advertisements set up 
in three of the most public places, within the township, at ^.oti^e to be 
least ten days prior to such sale, shall be sufficient; and the^^^^"* 
rights, credits and choses in action, wdiich may be sold by 
virtue of this act, shall be transferred or endorsed by the said 
auditors, or any two of them, to the purchaser, which en- 
dorsement shall transfer the rigiit and property thereof to 
the said endorsee, so as to eneible him to sue for and recover 
the same in his own name and for his own use: Pnr^^ded «^^? proviso: if 
Tliat if any lands taken in attachment, will rent for the rents will pay 
amount of the debts proved againts such defendant in seven f'^'^ f^^^t the 
years, as in otiier cases, such lands shall not be sold as goods ije^soW.^ ^^^ 
and chattels. 

Sec. 13. That every bargain, sale, assignment and con-gaiesmadeby 
veyance, made by the said auditors, or any two of them, by auditors bind- 
virtue of the authority herein granted, shall be as binding ^"S- 
and effectual as if the same had been made by the said de- 
fendant, prior to the service of the said attachment. 

Sec. 13. That the goods, chattels, lands, tenements, rights. Lands of non- 
credits, mjuies, and effects, of persons residing out of the residents ha- 
state, shall be liable to be attached, taken, proceeded ^ent!^ ^^^^^ * 
against, sold, assie;ned and transferred, for the payment of 
their debts, in the same manner, as nearly as may be, as is 
Iierein provided with respect to other debtors: Provided, -proTiso. 
That instead of the oath or affirmation herein before pro- 
vided, the applicant for such writ of attachment, bis agent 
or attorney, shall make oath or affirmation, that the defend- 
ant is not, at th^t time, resideut withiu Uii;^ atatc , as he yerily 



288 ATTACHMENT. 

believes, and that the said defendant is justlv indebted i& 
hinri in a sum of naonev, specifying as nearly as he can the 
Proviso. amount of his demand or balance: Provided also, That no 

judgment shall be entered by virtue of this section until no- . 
tice for the space of three moisths, shall be given in one of 
the newspapers published in this state, of the issuing of such 
attachment, and at whose suit, against whose estate, from 
what court the same issued, and that unless the defendant m 
attachment shall appear, give special bail and receive a de- 
claratioi;, judgment will be entered and the estate so attach- 
ed, sold for the benefit of the creditors. 
Writ may is- Sec. 16. That where two or more arejointh* bound orin- 
suejomtly:ind ^gl^^l^^j^ either as joint obligors, partners or otherwise, the. 
against joint writ of attachment maybe issued against the separate or joint 
debtors.' estate, or both of such joint debtors, or any of them, or against 
their heirs, execittors or administrators, and the estate so at- 
tached, wliether it be joint or separate, shall be liable to be 
sold and assigned in manner aforesaid. 
Writ may is- Sec. 17. That in case of the death of a debtor, residing 
r^f°S"^^* out of this state, the writ of attachment, as above provided. 
^' * may issue against his heirs, executors or administrators, and 
if any defendant shall die after the issuing of any writ of at- 
tachment, the said writ shall not abate thereby, but the same 
shall be carried on to judgment, sale, transfer and distribu- 
tion, as if such death had not happened, and all proceedings 
w^hich shall be had in such case, shall be as valid as if the de- 
fendant had been living. 
Compensation Sec. 19, That the auditors shall be allowed a reasonable 
to auditors, compensation for their services, which shall be taxed by the 

court and paid out of the defendant's estate. 
Justices may Sec. 20. That any justice of the peace within this stat^^ 
issue writ on application and affidavit to the purpose aforesaid, shall 
against lands. ^^^ j^^ -g j^pj-eby required to issue an attachment, under his 
hand and seal, for any sum not exceeding the amount cog- 
nizable by a justice of the peace in other cases, directed to a 
constable, who shall execute the same in manner aforesaid^ 
on the goods, chattels, rights, credits, monies and effects of 
the defendant's within the county, ai d if the creditor shall 
make sufiicient proof of the debt due to him, and also of the^ 
goods, chattels, rights, credits, monies and effects, in the 
hands of the garnishee, the said justice shall give judgment 
therein for the plaintiff and award execution thereon, either 
against the effects of the defendant or against the garnishee^ 
as the case mav require, but the effects of the defendant 
therein taken, shall not be sold in less tbar» tliree months, un- 
less the same are perishable, to the end that the debtor or 
his agent may redeem them, and the property so attached 
shall be inventoried in such manner as the justice may di- 
rect; and if the plaintiff shall fail in proving a demand 
against the defendant, or in proving tb^ efftjcts in the hands 



ATTACHJIENT. ^89 

©f the garnishee, be shall pay cost: Provided^ That no jucIg-Proyiso. 
ment ?liall be entered by such justice witliin thirty days from 
the time of suing out such attachment, and it shall be the 
duty of such plaintiff forthwith after the issuing of the attach- 
ment, to advertise in three of the most public places within 
the county, that an attachment hath been taken out from 
Buch justice against such absconding debtor: and any attach- 
ment issued from the supreme court or from any court of 
common pleas of the same county, sliall be a supersedeas to 
all attachments issued by a justice of the peace against the 
same defendant, and which may be undetermined at the time 
of serving the said writ; and it shall and may be lawful for 
the officer executing such writ, to take into his possession all 
goods and chattels attached by the constable, and the plain- 
titfs in such attachment so superseded, shall be entitled to 
their costs and also to their several debts, in proportion with 
the other creditors, as in this act before mentioned: Provided ^^^^^^^ 
also^ That vrhere the demand preferred to the justice of the 
peace by any of tiie creditors, exceeds the sum of fifty dol- 
lars, the justice shall forthwith make out a transcript of his 
proceedings and certify tlie same to the court of commojQi 
pleas: And provided also, That if on the return of an attach- 
ment issued against the goods, chattels, rights, credits, monies 
■and eflfects of an absent debtor, it shall appear to the justice, 
that there was no goods, chattels, rights, credits, monies and 
effects, on which to levy, the justice in such case, on tho^ 
application of the plaintiff, may issue an attachment against 
the lands and tenements of the defendant, and the constable, 
shall levy the said writ of attachment in the same manner 
sheriffs are directed to do by this act, and on the return 
thereof, the justice shall forthv/ith certify his proceedings, 
together with the constable's return, to the court of common 
pleas next to be holden for the proper county, and the court 
of common pleas shall proceed in the same as if the writ of 
attachment had originally issued from said court. 

Sec. 21. That the act, entitled "A law allowing domes- j^^^g ^ij^^ a^t^ 
tic attachments," published at Cincinnati, the first day of repealed. 
June, one thousand seven hundred and ninety-five ; and also 
the act, entitled "A law regulating domestic attachments," 
published at Cincinnati the first day of June, one thousand 
seven hundred and ninety-five ; and also a law, entitled "A 
law allowing foreign attachments," published at Cincinnati, 
the fifteenth day of July, one thousand seven, hundred and 
ninety-five, and also the act, entitled "An act allowing and 
regulating writs of attachment," passed the eighteenth day 
of January, one thousand eight hundred and two, be and the 
same are hereby repealed: Provided, That nothing herein 
contained, shall affect the proceedings or [on] any attachment 
JQOw pending and undetermined. 

2N 



2S0 ATTACHMENT. 

Effect. This act to take effect and be in force from and after the 

first day of June next. 



[Ad of Fehruary 14, 1810, 8 d. L. 0. p. 122. 
An act allowing and regulating writs of attachment. 

'Writ to issue ^^^* ^* That if any creditor, or in case of his absence or 
on oath of disabihty, his agent or attorney, shall make cath or alhrma- 
Ijafty. tion, in writing, before any jodge of the supreme court, pre- 

sident or associate judge of the court of common pleas, or jus- 
tice of the peace, thcd his debtor absconds to the injury of 
his creditors, as he verily believes, and shall file such oath or 
affirmation with the clerk of the court of common pleas, such 
clerk seiali thereupon issue a writ of attachment, directed to 
the sheritFor coroner, as the case may require, commanding 
liim to attach the lairds, tenements, goods, chattels, rights^ 
Credits, monies and etfects of such debtor v/heresoever they 
may be found; and if any clerk shall issue such writ of at- 
tachment, before oath or affirmation be taken and filed as 
aforesaid, such writ shall be quashed on motion, at the proper 
ciost of the clerk issuing the same, 
^rvice and Sec. 2. That the proper manner of executing such writ, 
lietum. gi^v^ii ijg ^g foiiQ^vs : The officer to whom it is directed, shall 

go to the place where tiie defendant's property is or miay be 
found, and there in the presence of two creditable persons at 
least, declare that, by virtue of the writ to him directed, he 
attaches the lands, tenements, goods, chattels, rights, credits, 
monies and effects of the said defendant, at the suit of such 
plaintiff in attachment, and the said officer with the assist- 
ance of two or more respectable freeholders, who shall be 
under oath or affirmation, shall make a true inventory and ap- 
praisement of all the property so by him attached, which in- 
ventory and appraisement shall be signed by the said officer 
and freeholders aforesaid, and shall be annexed to and re- 
turned together with the writ; and the said officer shall 
endorse on the said writ the time of serving the same and 
subscribe his name thereto; and such writ when served shall 
bind the property and estate of the defendant so as aforesaid 
attached, from the time of executing the same. 
AnJitors to be Sec. 8. That the court at the return of such writ of at- 
appointecl. tachment, shall appoint three discreet and disinterested per- 
sons to audit and adjust the accounts and demands of the 
plaintiff, and so many of the creditors of the defendant, iu 
attachment, as may liave applied to the court, or shall apply 
To make re- to the auditors for that purpose, before they shall have closed 
jg^ort in writ- their report, wliich report shall be made in writing, signed 
»ns* by the said auditors or any two of them, and shall be returnj' 



ATTACHMENT. 29i 

ed to the court from which sucli writ of attachment issued, 
and at the third term, including the time to which the writ ojf 
attachment was returned, final judgment shall be entered on 
such report: Provided^ That the defendant shall have been Provisg* 
called three times at each of the said terms, and an entry of 
the same shall have been made by the clerk: Provided also, ^T^ovison 
That if the defendant appears in any of the three terms 
aforesaid, and accept of a declaration at the suit of every, or 
any one of the said creditors, and enters into special bail, then 
the said writ of attachment and all the proceedings thereon, 
shall, at the suit wherein such special bail is given, be stayed, 
and all costs which shall have accrued on such attachment 
shall abide the event of the suit. 

Sec. 11. That after judgment shall be entered by default, ^^"fls^iay he 
on the report of the said auditors, against the defendant in at- juj^^ent. 
tachment, it shall be lawful for the said auditors, or any two 
of them, and they are herehy required, by virtue of an order 
from the court, to sell and convey the goods, chattels, rights, 
credits and effects, lands and tenements, which were taken 
and attached as aforesaid, or such part thereof as may be ne- 
cessary to satisfv the demands of the plaintiff and of the 
other creditors who may have applied, as is hereinbefore di- 
rected, together with costs: Provided, That notice of such Proviso: »or 
sale shall be set up in writing, at three of the most public ^^^^ ^^ ^ S"^* 
places within the county, at least, or be advertised in a news- 
paper, published in the county, for the space of fifteen days, at 
least, prior to such sale ; nor shall any sale be made of such lands 
and tenements in less than twelve calendar months from the i^ . , , 
return of such writ of attachment, nor of any goods, chattels, fQ^j^2'months. 
rights, credits or effects, till final judgment be bad against 
the defendant as aforesaid, unless they be of a perishable na- 
ture, and then the court may, at any time, direct the said au- 
ditors or any two of them, to sell such perishable articles, in 
which case advertisements set up in three of the most public 
places Avithin the township, at least ten days prior to such 
sale, shall be sufficient; and the rights and credits in action, 
which ma}^ be sold by virtue of this act, shall be transferred 
or endorsed by the said auditors or any two of them, to the 
purchaser, which endorsement shall transfer the right and 
property thereof to the endorsee, so as to enable him to sue 
for and recover the same in his own name and for his owa 
use: Provided cdso, That any lands taken in attachment, 
which have improvements thereon, at the rate of ten acres 
per hundred, shall not be sold for less than two-thirds, nor 
lands without such improvements, for less than one-half of 
their appraised value by the inquest, as in case of lands, 
tenements and real estate taken and sold under execution; 
and such inquest is hereby required to be taken. 

Sec. 13. That every bargain, sale, assignment and con-g^j^g^^^^^j^ 
veyancc, made by the said auditors or any two of them, by tors valid. 



'Id^ ATTACHMENT. 

virtue of tbe authority herein granted, shall be as binding 
and effectual as if the same had been made by the said de- 
fendant prior to the service of the said attachment. 

JLands of non- f^^^. 1 5. That the goods, chattels, lands, tenements, rights? 
We'to^attach- ^'I'cdits, monies and effects of persons residing out of the state, 
raent. shall be' liable to be attached, taken, proceeded against, sold, 

assigned and transferred for (the payment of their debts, in 
the same manner, (as nearly as may be) as is herein provided 
with respect to other debtors: Provided^ That instead of the 
oath or affirmation herein before provided, the applicant for 
such writ of attachment, his agent or attorney, shall make 
oath or affirmation, that the defendant is not, at that time, 
resident within the state, as he verily believes, and that the 
said defendant is justly indebted to him in a sum of money, 
specifying as nearly as he can the amount of his demand or 
Proviso: no- balance: Provided also ^ That no judgment shall be entered by 
tice to be giv- virtue of this section until notice for the space of three months 
shall be given in one of the newspapers, published in this 
state, of [the] issuing of such attachment, and at whose suit, 
against whose estate, from what court the same issued, and 
that unless the defendant in attachment shall appear, give 
special bail and receive a declaration, judgment will be en- 
tered^ and the estate so attached sold for the benefit of the 
creditors. 
Writs may is- Sec. 1 6. That if the plaintiff, or in his absence, his agent 
tS where"" or attorney, shall make and file with the clerk as aforesaid, 
kad lies. an affidavit, setting forth that he verily believes that the de- 
fendant in attachment hath lands, tenements and real estate, 
situated in other county or counties, (naming such county or 
counties) in the state than that in which such foreign at- 
tachment is sued out; it shall and may be lawful for the clerk, 
on the application of the plaintiff, 'his agent or attorney, to 
make out and seal another writ or writs of attachment, di- 
rected to the sheriff or coroner of the county in which such 
other lands, tenements and real estate may be situated, and 
the officer to whom such writ is directed or delivered, shall 
serve and return the same in the same manner, and for neg- 
lect or refusal shall be liable to the same penalty, as if such 
writ of attachment had issued, and been made returnable in 
his proper county; and on such attachment returned exe- 
cuted, there shall be had the same proeeedings as in other 
cases of attachment. 

"Vt^nts may is- gp^. 17, That where two or more are jointly bound or in- 

scverally^ ^^ debted, either as joint obligors, partners or otherwise, the 

against joint writ of attachment may be issued against the separate or 

debtors. joint estate, of both of such joint debtors, or any of them, or 

against their heirs, executors or administrators, and the estate 

so attached, whether it be joint or separate, shall be liable to 

be sold and assigned in manner aforesaid. 



ATTACHMENT. 295 

Sec. 1 8. That in case of the death of a debtor residing out ^^y issue 
€>f this state, the writ of attachment as above provided, may ^^^^"^^ ^^^"* 
issue against his heirs, executors or administrators; and if 
any defendant shall die after issuing of any writ of attach- fendant^shan 
mcnt, the said writ shall not abate thereby, but the same not abate writ 
shall be carried on to judgment, sale, transfer and distribu- 
tion, as if such death had not happened, and all proceedi^^gs 
which shall be had in such case, shall be as valid as if the de- 
fendant had been living. 

Sec 25. That any writ of attachment against anv abscond- Writ issued 
ing or absent debtor, which may be issued out of the courtly ^^}^^^ ^"" 
of common pleas, shall be a superseieas to all attachments is- o^e issued bf 
sued by a justice of the peace, undetermined at the time of justice. 
serving the said writ; and it shall and may be lawful for the 
sheriif or his deputy or other officer, to take into his posses- 
sion all goods and chattels, attached by the constable, as fully 
and to all intents and purposes, as if the attachment issued 
by the justice had not been served; and the plaintiffs in said 
attachment shall he entitled to their several debts, with the 
costs that may have accrued, in proportion to the other cre- 
ditors, as is before in this act mentioned and directed: Pro- 
vided, That no constable shall be obliged to remove any 
goods, taken into his custody by virtue of any attachment, 
after the same shall have been seized and attached by the 
sheriff: Aivi provided also, That if on the return of an attach- 
:ment issued against the goods, chattels, rights, credits, monies 
and effects of any absconding or absent debtor, it shall ap- 
pear to the justice that there was no goods, chattels, rights, 
credits, monies and effects, on which to levy, the justice m 
such case, on the application of the plaintiff, may issue an 
attachment against the lands and tenements of the defendant, -g^^J^^^^^^ 
and the constable shall levy the said writ of attachment in lands, 
the same manner sheriffs are directed to do by this act; and 
on the return thereof, the justice shall forthwith certify his 
proceedings, together with the constable's return, to the court 
of common pleas next to be holden for the proper county, 
and the court of common pleas shall proceed in the same, 
as if the writ of attachment had originally issued from said 
court. 

Sec. 26. That the act, entitled "An act allowing and regu- , . 

lating writs of attachment," passed the twenty-first day of ^ ^^^ 
February, Anno Domini one thousand eight hundred and 
five, be, and the same is hereby repealed. 

This act shall take effect, and be in force, fronj and after 
(he first day of June next* 



/S94 ^ ATTACHMENT. 

[Ad of January 28, 1813, li r. L, O.p, 44.] 

An act to amend the act, entitled "An act allowing and regulating \vrif» 
of attachment." 

Judgment for Sec. 1. That when any suit, in attachment, under the 

tWe^ defaults. P^^^^^^^"^ ^^ ^^^^ ^^*' ^^' ^^^ ^^^ ^^ which this is an amend- 
ment, shall be commenced, in any court in this state, such 
court shall, on motion of the plaintiff, after the defendant 
shall have been defaulted, at three successive terms of the 
court, to which such writ of attachment is returnable, as 
herein after mentioned, proceed in such suit, in favor of the 
plaintiff, or any other bona fide creditor of the defendant, 
and who may have applied to the court previous to the third 
term thereof, next after issuing such writ of attachment, in 
the same mariner it is authorized to proceed in other cases of 
ProTiso. default: Provided. That the court, at the return term of such 

writ of attachment, or at any subsequent term, during the 
pendency of the suit, where, in consequence of complicated 
accounts of the plaintiff, or other creditors applying, as afore- 
said, it shall be necessary, may appoint three discreet and 
disinterested persons to audit and adjust such accounts and 
report thereon, upon which report judgment may be ren- 
dered, unless on motion the same shall be set aside. 
Each creditor ^^^' ^' That every plaintiff, in attachment, and also, 
to file a de- every bona fide creditor, of the defendant, applying as afore- 
claration. said, shall file a sufficient declaration, or declarations, de bene 
esse, setting forth in a proper manner the cause or causes of 
action which such plaintiff or creditor may have against such 
defendant; and the defendant himself, or anyone for him, 
^^h°" !"f J ^^7 appear, either before said court or auditcrrs or jury, and 
introduce evidence or otherwise resist the claim or demand 
of the plaintiff, or other creditor, as aforesaid, as in other 
cases of default, and shall have the same right to appeal or 
move in arrest of judgment, or move to set aside the proceed- 
ing for any alleged irregularity therein. 
Defendant to Sec. 3. That at the return term of the court to which 
be three times such writ of attachment may be returnable, and at the two 
called at three pg^|- succeeding terms thereof, the plaintiff shall cause the 
Jud'ment'''^ defendant or defendants, in attachment, to be three times 
^ * called and defaulted, and each default entered on the minute 
book of the court, and no final judgment shall, in any case, 
be rendered against such defendant, or defendants, until he 
or thev shall have been called and defaulted as aforesaid: 
Provided nevertheless^ That it shall be competent for such de- 
rroviso. fendant or defendants, in attachment, at either of said three 

terms, or at any time before the finding of a verdict, or the 
examination and adjustment of auditors, or the hearing and 
exnmination of the judges in the premises, to file special bail 
and plead, or to plead in custody, to any or all the dccleusa^ 



ATTACHMENT. 



.2'9-i 



tions which may have been filed, de bene esse, against him, 
her, or them; and from the time of fiUiig such special bail, 
or pleading 1:1 custody, the operation of such attaciiment 
shall cease, to all intents and purposes, in respect to the 
plaintiff or plaintiirs, whose declaration or declarations may 
have been pleaded to as aforesaid: Provided also ^ That if any Proviso, 
defendant or defendants, in attachment, shall elect to have 
the property attaclied remain in custody, such dcfendaiit or 
defendants may, within the time before specified, plead to such 
declaration or declarations, as may nave been hied against 
him, her, or them, as aforesaid, without entering special bail, 
or pleading in custody. 

Sec. 4. "That the several powers granted, and duties en- Court may b^ 
joined by the act, to which this is an amendment, upon the ^"^^'*^^'* 
auditors, (by t'le said act directed in all cases to be appoint- 
ed) may severally be exercised by the court, in which any 
suit, hereafter instituted under the provisions of said act or 
of this act, may be pending, or by the proper ministerial 
officer or officers thereof, if such court do not deem it proper 
to appoint such auditors; or if such court should deem it 
most consonant to the principles of justice, and to the rights 
of an absent party, such court may, by its order or orders, 
entered of record, restrict the auditors to the exercise of 
such power only as may seem to them proper; and, in all 
cases, the report of auditors shall be subject to be rejected 
and set aside, on motion and good cause shewn; and the said 
auditors shall be subject to be displaced by the court, and 
others appointed in their stead, and proper instructions may, 
at any time, on motion be given them by the court as to any 
point of law^ touching the premises. 

Sec. 6. That no writ of attachment, issued under the^-^ ^^..^^j.^^*.^ 
provisions of the act to which this is an amendment, shall be tachment 
sustained, nor shall any declaration be filed in any such suit, shall issue ex- 
except for cases arising out of, founded upon, or sounding jn^^^P* "P^'^ 
contract, any former construction of said act to the contrary 
notwithstanding. 

Sec 7. That the eighth, fourteenth, twenty-first, twenty- Acts, &c. re^- 
third and twenty-fourth sections of the act to which this is an pealed, 
amendment, and all laws and parts of laws coming within 
the purview of this act, be, and they are hereby repealed. 

This act to take effect, and be in force, from and after the 
first day of May next. 

Note.— Act of January 1, 1816 — took effect May 1, 14 v. p. 46. See- 
tion 10 authorizes the proceedins:s, in certain cases, to be certified to court. 
Actsof Fehniarv 11, 1812, and February 8, 181:5, re-eakd. 

Act of January 17, 1824, 22 v. p. 145. The acts of February 14, 1«10. 
andef January 28, 1813, repealed. 



®ecfer.^ in eitancrrg. 



[Act ofFehruary 17, 1804, 2 v, L. O. p. 261.] 
An act directing the mode of proceeding in the courts of chancer}-. 

Beeree^ la ^^^* ^* That all decrees in courts of chancery shall be en- 

chanceiy how foTced by Sequestration of the property of the party against 
enforced. whom the decree is made, until such decree is complied with, 
or by execution against the goods, chattels, lands and tene- 
ments, of such party as the court may direct, and as the case 
may require ; arid in all cases where costs are given, the party 
entitled thereto may take out an execution for the same, iii 
like manner as executions are awarded in courts of law. 



[Act of February 19, 1810, 8 v, L. O. p, 187.] 
An act directing the mode of proceeding in chancery, 

Decrees t© Sec. 40. That the decree cf either of the said courts sit- 

bave the effect ting in chancerv shall, from the time of their being pronounc- 
ofassignraent. ^j^ have the force, operation and effect of a judgment at 

law, from the time of the actual erstry of such judgment. 
Decree for Sec. 41. That where a decree shall be made for a con- 

conveyance veyance, release or acquittance in either of the said courts, 
a'conveyance. sitting as a court of chancery, and the party against whona 
' the said decree shall pass, shall not comply therewith by the 
time appointed, then such decree shall be considered and 
taken in all courts of law and equitv, to have the same ope- 
ration and effect, and be as available as if the conveyance^ 
release or acquittance had been executed conformably t» 
such decree, 
©eerees how Sec. 42. That to the end that all decrees of either of the 
enforced. gaid courts, sitting; as a court of chancery, may be speedilj 
executed and fulfilled, the complaii^int having obtained a de- 
cree, and the defendant not havii'Sr comphed therewitl) by 
the time appointed, it shall be Inwful for the said court, on 
the application of the complainant, to issue process for the 
immediate sequestration of the real and personal estate of 



DECREES IN CHANCERY. 297 

the defendant, or so much thereof as may be sufficient to 
satisfy the demand of the complainant, in the decree speci- 
fied, with costs, or to issue a writ oi fieri facias against the 
goods and chattels, or ?i fieri facias et levari facias^ against the 
goods and chattels, lands, tenements and real estate of the 
defendant, upon which sufficient property shall be taken 
and sold to satisfy the said demand with costs, or to issue a 
writ o{ habere facias possessionem, or to issue a capias ad satis- 
faciendum against the defendant, upon which writs of fieri fa- 
cias, SLYidfieri facias et levari facias, and habere facias possessionem, 
and capias ad satisfaciendum, there shall be the same proceed- 
ings as at law; or to cause, by injunction, the posssession of 
the effects and estate demanded by the petition, and whereof 
the possession or sale is decreed, and as the nature of the 
case may require, and in case of sequestration, the court shall 
order payment and satisfaction to be made out of the estate 
so sequestered, according to the true intent and meaning 
of the decree. 

Sec. ^Q. That an act, entitled "An act directing the mode Acts repealedR 
of proceeding in the courts of chancery," passed the seven- 
teenth day of February, one thousand eight hundred and four, 
and an act, entitled "An act to amend the act, entitled "An 
act regulating the proceedings of courts in chancery," passed 
February the third, one thousand eight hundred and seven, 
be, and the same are hereby, repealed. 

This act shall take effect, and be in force, from and after Effect» 
the first day of May next. 



[Act of December 24, 1 812, 1 1 v. L. O. p, 7.] 

An act supplementary to an act directing the mode of proceeding in 
chancery. 

Sec. 2. That in all cases of bills in chancery, touching the ^ 
equitable title to real estate, if such land lie in different coun- include in de- 
ties in this state, it shall be competent for the court having cree lands ly- 
jurisdiction of such cause, by reason that a part of such land ^"S indifferent 
lies in the county in which such court may be holden, in ren- 
dering a decree in the premises, to include in the provisions, 
orders or regulations of such decree, as well the lands lying 
in other counties as those lying in the county in which such 
court may be holden: Provided always, That such decree, asProvisij, 
to so much thereof as relates to the equitable title to lands 
out of such county, shall have no operation against bona fide 
purchasers, until after such decree shall have been recorded 
in the office of the recorder of deeds for the county in which 
such lands may be situated: and it shall be competent for 
all plaintiffs having received judgment in this state, either 

2 O 



298 DECREES IN CHAKCERY. 

Process may at law or in chancery, and who are authorized thereon ta 

<Suntv ^°^ ^"^ *^"^ process of execution, to take out the same directed to 

the sheriff of any county in this state as formerly, or at the 

election of such plaintiff to institute his action upon such 

judgment, in any county within this state. 

Note.— Act of January 22— took effect June 1, 1824, 22 v. L. O. p. 81 - 
Decrees to have the effect of a judgment at law. AD other laws repealed 



"^Hvetf^ in ©i^owr* 



\Adopted from Massachusetts — ■published July 15, and took effect 
October 1, 1795, Maxwell's ed. T. L, p, 182.] 

A law respecting Divorce. 

Sec. 3. Whenever a divorce shall be decreed on cause or Divorce (!e> 
aggression from the husband, the woman, if no issue of the creed on ag- 
marriage be living at the time of the divorce, shall be restor- fegtored't©^ ^ 
ed to all her lands, tenements and hereditaments, and be lands, &c. 
allowed out of the man's- personal estate such alimony as the 
court may think reasonable, having regard to the personal 
property that came to him by the marriage, and his ability: 
but if there be issue living at the time of the divorce, then 
the court, in regard to ordering restoration, or granting ali- 
mony, may do as circumstances may seem to require; and 
on application from either party, may, from time to time, 
make, at their discretion, such alterations therein^ as may be 
necessary. 

Sec. 4. If the divorce arise from the cause or aggression If from the ag^j^ 
of the wife, whether there be living issue, or not, of the mar- gression of 
riage, the court may order to her the restoration of the whole ^oreKwt 
t)r part, or no part of her lands, tenements and hereditaments, of her laad3> 
and may assign such alimony as shall be thought proper; and &c. 
may also make such distribution between the parties of their 
children, (if any) as the court shall think proper. 



[Act of December 29, 1804, 3 r. L. O. p, 178.] 

An act concerning divorce and alimony. 

Sec. 4. That when a divorce shall be decreed in case of the Woman laay 
aggression of the husband, the woman, if no issue of the mar-^?/'"'*''/^^ *^ 
riage be living at the time of the divorce, shall be restored to or to * pSt!' 
all her lands and tenements and be allowed out of the man's 
real and personal estate, such share as the court shall think 
reasonable, having regard to the personal property that came 
to him by marriage, and his ability at the time of the divorce j 



300 DECREES IN DIVORCE. 

but if there be issue living at the time of the divorce, then, 
in that case, the court shall restore to the woman, such share 
of the personal property as circumstances may require ; but 
if the divorce shall arise from the aggression of the wife, and 
there be no issue living of the marriage at the time of the di- 
vorce, the court may order to her restoration of the v»^hole or 
part of her lands, tenements and hereditaments, as to them 
shall appear to be just and right, and also such share of the 
man's personal property as may appear reasonable, all cir- 
cumstances considered, 
iitlay be barred Sec. 5. That when the cause of the divorce shall ari?e 
of dower. from the aggression of the wife, she shall be barred of her 

right of dower, whether there be issue or not. 
Laws repeal- ^^^* ^' That the law respecting divorce, passed by the 
ed. governor and judges at Cincinnati, the fifteenth day of July, 

one thousand seven hundred and ninety-five, and all other 
laws and parts of laws on the subject of divorce and alimony, 
be and they are hereby repealed. 

This act to take efifect from and after the passage thereof. 



Effect, 



Note — Act of January 11, 1822, 20 v. p. 11. By this act the one passed 
December 29, 1804, is rcDealed. 

Act of January 7, 1824. 22 v. p. 342. The act of January U, 1822, re- 
pealed. 



lUeelrioi iioi^ ISrctutea antr 2letot5fe5f. 



(Adopted from Pennsylvania — published^ June 18 — took 
August 1, \idb—Maxwcirs ed, T, L, p, 102.] 

A law establishing the recorder's office. 

Sec, 1. There shall be an office of record, in each and ev- Office of re« 
cry county, which shall be called and styled, the Recorder's e°tabUshed. 
Office, and shall be kept in sonne convenient place in the said 
respective counties; and the recorder shall duly attend the 
service of the same, and at his own proper costs and charges, 
shall provide parchment, or good large books of royal or 
other large paper, well bound and covered; wherein he shall 
record, in a fair and legible hand, all deeds and conveyances 
which shall be brought to him, for that purpose, according to 
the true intent and meaning of this law. 

Sec. 2. All deeds to be recorded, in pursuance of this law. What words 
whereby any estate of inheritance, in fee simple, shall here- J" ^,*^^^^^^^^^ 
after be. limited to the grantor and his heirs, the words grant, ^.^^^^.^53 ^^^^^ 
bargain, sell, shall be adjudged an express covenant to the nant. 
grantee, his heirs and assigns, to wit: that the grantor was 
seized of an indefeasible estate, in fee simple, freed from in- 
eumbrances done or suffered from the grantor (except the 
rents and services that may be reserved) as also for quiet en- 
joyment against the grantor, his heirs and assigns, unless li- 
mited by express words contained in such deed, and that the 
grantee, his heirs, executors, administrators and assigns, may, 
in any action, assign breaches, as if such covenants were ex- 
pressly inserted. Provided always^ That this law shall not Proviso, 
extend to leases at rack rent, or to leases not exceeding one 
and twenty years, where the actual possession goes with the 
lease. 

Sec. 3. If any person shall forge any entry of the acknow- Forgery of '^ 
ledgments, certificates or endorsements, whereby the free- deeds punish-, 
hold or inheritance of any man may be charged, he shall be 
liable to the penalties against forgers of false deeds: and if 
any person shall perjure himself, in any of the cases herein Perjury, 
above mentioned, he shall incur the like penalties as if the 
oath or affirmation had been in any court of record. 

Sec. 4. Everv mortgagee of any real or personal estates, 
in this territory, having recelYcd full satisfaction and payment 



^^^ bEEDS HOW EXECUTED AND RECORDE».^ 

^^^*4'!f ^j^^^^ofall such sum and sums of money as are really due to hire, 
bow enfered. ^Y sucb mortgage, shall, at the request of the mortgager, en- 
ter satisfaction upon the margin of the record of such mort- 
gage, recorded in the said office ; which shaii, forever there- 
after discharge, defeat and release the same, and shall, like- 
wise, bar all actions brought or to be brought thereupon. 
Forfeiture on ^^^' ^* ''^^'^ ^^ ^^^^^ mortgagee, by himself or his attor 
mortgagee for ^^}S shall not, within three months aRer request and tender 
neglect. made for his reasonable charges, repair to the said office, and 

there make acki'cwledgm.ent, as aforesaid ; he, she or they 
neglecting so to do, shall, fOr every such offence, forfeit and 
pay unto the party or parties aggrieved, any sum not ex- 
ceeding the mortgage money: to be recovered in any court 
of record, by bill, plaint or information. 
One recorder Sec. 6. There shall be appointed a recorder in every 
for each coun- county, now or hereafter, to bis erected. But, before any 
^^' of the said recorders enter upon their respective offices, they 

shall becom.e bound to the governor and his successors, with 
one or more sufficient sureties, in a bond for fifteen hundred 
dollars; conditioned for tiie true and faithful execution of 
his ofiice, and for delivering up the records and other writ- 
ings, belonging to the said office, whole, safe and undefaced, 
to his successor in' the said office. Which said respective 
bonds, shall be filed in the secretary's office, and there safely 
kept, in order to be made use of for making satisfaction to 
the parties that shall be damnified or aggrieved, as is or shall 
be, in such cases directed by law* 
Eecorder to ^^^' ^' -^^^^ ^^ recorder whatsoever, now or hereafter ap- 
gn^vebond un- pointed, as aforesaid, shall enter upon^ or officiate in his said 
iier a penalty, ofilce, before he hath given such security, as aforesaid; upon 
pain of forfeiting the sum of tliree hundred dollars: one half 
to the territory, and the other half to him or therti that shall 
sue for the same, to be recovered as aforesaid. 
Deeds to be ^^^* ^' -^^^ deeds and conveyances, which shall be made 
acknow- and executed within this territory, of or concerning any 
Icdgedor lands, tenements or hereditaments therein, or whereby the 
nrovct.. same may be any vv'ay affected, in law or equity, shall be ac- 

knowledged by one of the grantors or bargainors, or proved 
by one or more of tlie subscribing witnesses, to such deed, 
before one of the judges of the General Court, or before 
one of the justices of the court of common pleas of the 
''Mn?t be re- county where the lands conveyed do lie ; arid shall be re- 
corded in the corded in the recorder's office of the county, where such lards 
county where or hereditaments are lying and beij g, within twelve months 
lands he. after the execution of such deeds or conveyances: and every 
such deed and conveyance that shall, at any time after the 
publication hereof, be"^ made and executed, and which shall 
not be proved and recorded as aforesaid, shall be adjudged 
fraudulent and void against any subsequent purchaser, or 
portgagee, for valuable consideration: unless such deed or 



DEEDS HOW EXECUTED AND RECO!lDEl>. "30 3t 

conveyance be recorded as aforesaid, before the proving and 
recording of the deed or conveyance, under which such sub- 
sequent purchaser or mortgagee shall claim. 

Sec. 9. Where the grantors and witnesses of any deed or How proved 
conveyance, are deceased, or cannot be had, it shall and may "^^^^^ grantors 
be lawful to and for the judges of the general court, or any !^J!J^|y^J^^^^'^'^ 
justice of the court of common pleas of the county where the 
lands lie, to take the examination of any witness or witnesses, 
on oath or affirmation to prove the hand writing of such de- 
ceased witness or witnesses: or where such proof cannot be 
had, then to prove the hand writing of the grantor or grant- 
ors, which shall be certified by the judge or justice, before 
whom such proof shall be made ; and such deed or convey- 
ance, being so proved, shall be recorded as is usual in other 
cases directed above by this law. 

Sec. 10. Every recorder shall keep a fair book, in which Recorder's 
he shall immediately make an entry of every deed or writ- •^* 
ing, brought into his office to be recorded; mentioning there- 
in the date, the parties, and the place where the lands, tene- 
ments or hereditaments, granted or conveyed by the said 
deed or writing, are situate; dating the same entry on the 
day in which such deed or writing was brought into his office ; 
and shall record all such deeds and writings, in regular suc- 
cession, according to their priority or time in being brought 
into the said office ; and shall also, immediately, give a receipt 
to the person bringing such deed or writing, to be recorded, 
bearing date on the same day with the entry, and containing 
the abstract aforesaid; for which entry and receipt, he shall 
take or receive no fee or reward whatever: and if any re- 
corder shall record any deed or writing, before another first 
brought into his office to be recorded, or in any other man- 
ner than is herein directed; or shall neglect or refuse to 
make such an entry, or to give such a receipt as is herein be- 
fore directed; or shall directly, or indirectly, take or receive 
any fee or reward for such entry and receipt, or either of 
them; he shall forfeit and pay, for every such offence, a sum Penalty on re- 
not exceeding three hundred, nor less than one hundred dol- corderfornegn 
lars; one half to the use of the territory, and the other half ^^^* ""^ ^"^y- 
to him or them that shall sue for the same: to be recovered 
in any court of record, by action of debt, bill or plaint, where- 
in no essoin, protection or wager of law, or more than one 
imparlance shall be granted. 



304. 



DEEDS H6W EXECUTED AND RE<:0RDED4 



Acknowledg 
raents. 



{Adopted from Pennsylvania — published June 26, — took ej^ect 
Avgust 15, Xl^b—McuxwelVs ed, T. L. p. 162.] 

A law directing how husbftnd and Avifc may convey their estates. 

How husband Sec. 1, Where any husband and wife shall hereafter in- 
and wife shall dine to dispose of and convey the estate of the wife, or her 
^statef ^^^ '^'^ *'^S^* ^^' ^" ^^ ^^ ^^^y ^^^'^h tenements or hereditaments what- 
soever, it shall and may be lawful to and for the said hus- 
band and wife, the v*4fe l3eing not less than twenty-one years 
of age, to make, seal, deliver and execute any grant, bargain 
and sale, lease, release, feoffment, deed, conveyance or as- 
surance in the law, whatsoever, for the lands, tenements and 
hereditaments intended to be, by them, passed and convey- 
ed: and after sush execution, to appear before one of the 
judges of the general court, or before any justice of the court 
of common pleas, of and for the county where such lands, ten- 
ements or hereditaments shall lie, and to acknowledge the 
said deed or conveyance: which judge of the general court, 
or justice of the court of common pleas, shall, and he is here- 
by authorized and required to take such acknowlegment: in 
doing whereof he shall examine the wife separate and apart 
from her husband, and shall read, or otherwise make known, 
the full contents of such deed or conveyance, to the said 
wife; and if, upon such separate examination, she shall de- 
clare that she did voluntarily, and of her own free will and 
accord, seal, and as her act and deed, deliver the said deed 
or conveyance, without any coercion or compulsion of her 
said husband, every such deed or conveyance shall be, and 
the same is hereby, declared to be good and valid in law, to 
all intents and purposes, as if the said wife had been sole, 
and not convert at the time of such sealing and delivery: any 
law, usage or custom to the contrary, m any wise, notwith- 
standing. 

How certified. S^^* ^' Provided, That the judge or justice taking such 
acknowledgment shall, under his hand and seal, certify the. 
same upon the back of the deed or conveyance. 

Sec. 3. All deeds and conveyances made and executed by 
husband and wife, not residing within this territory, and 
brought hither to be recorded in the county where the lands 
lie (the acknowledgments thereof being taken and made in 
the manner herein before directed, before any mayor or chief 
magistrate or officer of the cities, towns or places where such 
deeds or conveyances are or shall be made or executed, and 
certified under the common or public seal of such cities, 
towns or places) shall be as valid and effectual, in law, as if 
the same had been made and acknowledged, in manner afore- 
said, before any judge of the general court of this territory: 
or before any justice of the court of common pleas, for the 



Acknowledg- 
ment of for- 
eign deeds. 



DEEDS HOW EXECUTED AND RECORDED. '305 

county where the lands lie ; any thing herein contained, to 
the contrary notwithstanding. 



I Adopted from Connecticut — fubhshed and took effect May 1, 
1798, Freeman's ed. T.L.p, 27.] 

A law rendering the acknowledgment of deeds more easy. 

[Sec. 1.] All grants and deeds made of houses and lands ^^^ deed 
may he acknowledged before one of the judges of the terri- ^^J^^,|^^gg. 
tory, justice of the common pleas, or justice of the peace, any 
former law to the contrary notwithstanding. 



[Act of January 20, 1802, 1 sess, 2 G. A, T. p. 133.] 

An act providing for the acknowledgment and recording of deeds in certain 



Whereas It has been represented to this legislature, that, in Preamble, 
many instances, deeds and conveyances of lands, tene- 
ments and hereditaments, situate, lying and being with- 
in this territory, have been executed, acknowledged or 
proved in other states and countries, in pursuance to 
the laws and customs of such states and countries ; and 
whereas doubts are entertained respecting the validity 
and legal effect of such acknowledgments and proofs, 
and of the propriety of admitting such deeds and con- 
veyances so acknowledged and proved to be recorded 
within said territory: Therefore, to remove all doubts, 
and to render such acknowledgments and proofs equally 
valid and effectual in law, with acknowledgments and 
proofs of deeds made within the territory and in strict 
compliance with the acts and laws thereof: 
Sec 1. That all deeds and conveyances of lands, tene- Foreign deeds« 
ments and hereditaments, situate, lying and being within ^^^^^^^^'"^ j^^" 
this territory, heretofore executed, and which said deeds and ed valid if re^ 
conveyances have been, or hereafter may be acknowledged corded in two 
or proved, according to arid in compliance with the laws^®^"^^* 
and usages of the territory, state or country, in which such 
deeds and conveyances were acknowledged and proved, or 
in which they shall be acknowledged or proven, are hereby 
declared effectual and valid in law to all intents and pur- 
poses as though the same acknowledgments had been taken or 
proof of execution made within this territory, and in pursu- 
ance to the acts and laws thereof: and such deeds, so ac- 
knowledged or proved as aforesaid, may be admitted to be 
recorded in the respective counties m which such lands. 

2 P 



3Q6 DEEDS HOW EXECUTED AND RECORDED^ 

tenements and hereditaments do or may lie, any thing in the 
acts and laws of the territory to the contrary thereof not- 
withstanding: Provided^ That such deeds and conveyances, 
so executed, acknowledged or proven, or to he acknow- 
ledged and proven, he recorded within two years from the 
passing this act: And provided also^ That all deeds and con- 
veyances of lands, tenements and hereditaments, situated 
within this territory, which have been acknowledged or 
ti ,1 ^ proved in any other territory, state or country, accordmg to 

awfordmo^to ^"^ ^^ compliance with the laws and usuages of such terri- 
laws when ex- tory, state or country; and which deeds or conveyances have 
ecuted and re- been recorded within this territory, be, and the same are 
corded here, ]^qyq]qj^ Confirmed and declared efiectual and valid in law to 
all intents and purposes, although the said deeds or convey- 
ances so acknowledged or proved and recorded, had, prior 
to being recorded, been acknowledged or proved within this 
territory. 

Sec. 2. That all deeds and conveyances of lands, tene- 
^Tof the ter- ^^^'^^ ^^^ hereditaments, situate, lying and being within this 
ritory to be territory, which shall hereafter be made, executed and ac- 
cfertified knowledged, or proved, in any other territory, state or coun- 
try whatever, shall not be admitted to be recorded within 
this territory, unless such deed or conveyance shall be accom- 
panied with a certificate annexed, of some clerk or prothono- 
tary of a court of record, or a notary public of the county, 
state or country in which such acknowledgment was taken, 
or proof made under the seal of the court or office, (as the 
case may be) stating that the acknowledgment was taken, 
or proof made, before a competent authority, according to 
the laws and usuages of such state or country, which certifi- 
Certificate to cate, SO made and annexed, shall be recorded, together with 
be recorded, ^j^^ ^^^^^ ^j, conveyance, and shall have like effect in law as 
though the same had been acknowledged or proven, within 
this territory, and no other. 

Sec. 3. That all deeds and conveyances of lands, tene- 
Foreign deeds uig^^g ^nd hereditaments, situate, lying and being within this 
in one year, territory, which shall hereafter be made and executed in 
any other territory, state or country, w^hereby such lands, 
tenements and hereditaments shall be conveyed in whole or 
in part, or otherwise affected or incumbered in law, shall be 
acknowledged or proved and certified as aforesaid, and re- 
corded in the county in which such lands, tenements or here- 
ditaments, so conveyed or afiected, shall be situate, within 
one year after the day on which such deed w^as executed. 
t3onicstic And all deeds and conveyances which shall be made and ex- 
deeds to be ecuted within the said territory, for the conveyance of any 
^^dered^orpro-^^'^^^' tenements or hereditaments, situated within the same, 
ven,andre- whereby such lands, tenements and hereditaments shall be 
corded in six conveyed, affected or incumbered, shall be acknowledged or 
mouths. proven, and recorded within six months from the actual time 



DEEDS HOW EXECUTED AND RECORDED* '30' 

of signing or executing such deeds; and if any deed or con- 
veyance of lands, tenements and hereditaments, made and 
executed, or to be made and executed, whereby the same 
shall be affected in law, or in any manner incumbered, shall 
not be acknowledged or proved, and recorded within the re- 
spective terms allowed by this act, the same shall be deemed 
fraudulent against any suhse<^uent bona fide purchaser or 
purchasers, without knowledge of the existence of such for- 
mer deed or conveyance. 

Sec 4. That deeds for lands, tenements or hereditaments. Before whom 
lying within this territory, may be acknowledged before a ^^^"o^'^edg- 
justice of the common pleas or of the peace, of any county in^^j^"'*^ ® 
the territory, and be recorded in that county in which such 
lands, tenements and hereditaments are situated; and such 
acknowledgments shall have like effect as though made in 
the same county in which such lands, tenements and heredi- 
taments do or shall lie. 

Sec 5. That so much of the acts and laws of the territory Part of acts,, 
as come within the purview of this act, be, and the same are,^*^* repealed; 
hereby, repealed. 



l^d of February 14, 1805, 3 v. L. O. p. ISO.] 

An act providing for the execution and acknowledgment of deeds. 

Sec 1, That all deeds for the conveyance of lands, tene-l^eeds, howto 
ments and hereditaments, situate, lying and being within ^ ^^^®^' 
this state, shall be signed and sealed by the grantor, in pre- 
sence of two witnesses, who shall subscribe the said deed or 
conveyance, attesting the acknowledgment of the signing 
and sealing thereof, and if executed within this state, shall 
be acknowledged by the party or parties, or proven by the 
subscribing witnesses, before a judge of the court of common 
pleas or a justice of the peace, in any county in this state. 

Sec 2. That where any husband and wife shall incline to How husbartft 
dispose of and convey the estate of the wife, or her right in ^"^ wife may 
or to any lands, tenements or hereditaments whatsoever, it estate^ 
shall and may be lawful for the said husband and wife, she 
being not less than eighteen years of age, to make, seal, de- 
liver and execute, an)' grant, bargain and sale, lease, release, 
feoffment, deed, conveyance or assurance, in the law what- 
soever, for the lands, tenements and hereditaments, intended 
to be by them passed and conveyed, and after such execution 
to appear before a judge of the supreme court or court of 
common pleas, or a justice of the peace, and acknowledge the 
same, which judge r justice of the peace is hereby autho- 
rized and required to take such acknowleds^ment, in doing 
whereof, he shall examine the vv ife separate and apart from 



308 DEEDS HOW EXECUTED AND RECORDED. 

Must be ac- her husband, and shall read or otherwise make known the 
and^e^tifed ^^^^ contents of such deed or conveyance to the said wife, 
under hand and if, upon such separate examination, she shall declare 
and seal of that she did voluntarily and of her own free will and ac- 
officer. cord, seal, and as her act and deed, deliver the said deed 

or conveyance without any coercion or compulsion of her 
husband, every such deed or conveyance shall be and the 
same is hereby declared to be, good and valid in law, to all 
intents and purposes, as if the said wife had been a sole and 
not covert at the time of such sealing and delivery, and the 
judge or justice, taking such acknowledgment, shall, under 
his hand and seal, certify the same upon the back of the deed 
or conveyance. 
Deeds hereto- ^^^* ^* That all deeds and conveyance of lands, tene* 
fore executed ments and hereditaments, situate, lying and being within this 
in conformity state, heretofore executed, and which said deeds and con- 
dared yalid veyances have been or hereafter may be acknowledged or 
proved, according to and in compliance with the laws and 
usages of the territory, state or country, in which such deeds 
and conveyances were acknowledged and proved, or in which 
they shall have been acknowledged or proven, are herebyr 
declared effectual and valid in law, to all intents and pur- 
poses, as though the same acknowledgments had been taken 
or proof of execution made within this state, and in pursu- 
ance of the acts and laws thereof, such deeds and convey- 
ances, so acknowledged and proved as aforesaid, may be 
admitted to be recorded in the respective counties in which 
such lands, tenements and hereditaments do or may lie: 
'Proviso: Provided^ That all deeds and conveyances of lands, tene- 
Deeds execut-ments and hereditaments, situate, lying and being within this 
cd as the law state, which have been acknowledged or proved in any other 
when execut- ^^^^ritory, state or country, according to and in compliance 
ed, confirmed with the laws and usages of such territory or country, and 
and declared which deeds or conveyances have been recorded within this 
^^^*"* state, be and the same is hereby confirmed and declared ef- 

fectual and valid in law, to all intents and purposes, as though 
the said deeds or conveyances so acknowledged or proved 
and recorded, had, prior to being recorded, been acknow- 
ledged or proven within this state. 
How foreign Sec 4. That all deeds and conveyances of lands, tene- 
deeds shall be ments and hereditaments, situate, lying and being within this 
^T^^rib^"^ state, which shall hereafter be made and executed in anj 
corded. other territory, state or country, whereby such lands, tene- 

ments and hereditaments shall be conveyed in whole or in 
part, or otherwise affected and encumbered in law, shall be 
acknowledged or proved and certified as aforesaid, and re- 
corded in tlie county in which such lands, tenements and 
hereditaments, so conveyed or affected, shall be situate, with- 
in one year after the day on which such deed or conveyance 
was executed. And all deeds and conveyances, which shall. 



DEEDS HOW EXECUTED AND RECORDED. 309 

1&€ made and executed within this state, for the conveyance 
of any lauds, tenements and hereditaments, situate, lying and 
being within the same, whereby such lands, tenements and 
hereditaments shall be conveyed, affected or incumbered, 
shall be acknowledged or proven, and recorded within six 
months from the actual time of signing or executing such 
deeds or conveyances; and if any deed or conveyance of J|fJ^^^^*^^*J^^j.^ 
lands, tenements or hereditaments, made and executed, corded in six 
wnereby the same shall be affected in law, or in any manner months, 
encumbered, shall not be acknowledged or proved, and re- 
corded within the respective terms allowed by this act, the 
same shall be deemed fradulent against any subsequent bona 
fide purchaser or purchasers, without kno^vledge of the ex- 
istence of such former deed or conveyance. 

Sec. 5. That a law directing hovi husband and wife may AH laws upon 
convey their estates, adopted from the Pennsylvania code, this subject 
and published at Cincinnati, the twenty-fifth day of June,'^®^^^ ^'^* 
one thousand seven hundred and ninety-five; also, an act, 
providing for the acknowledgment and recording of deeds in 
certain cases, passed the twentieth day of January, in the 
year of our Lord one thousand eight hundred and two, and 
all other laws heretofore passed on this subject, be, and the 
same are hereby, repealed. 

Tiiis act shall take effect, and be in force, from and after 
the first day of June next. 

Note — Act of December 18, 1817, 16 v. p. 14. Part of the records, in 
Trumbull county, authorized to be transcribed and copies made evidence. 
Januay 30, 1818, 16 v. p. 152. This act regulates the proof and acknow- 
iedgraent of deeds and powers, and repeals the act of February 14, 1805. 

Act of January 25, 1819, 17 v. p. 52. Evidence of lands may be perpe- 
tuated, in Ohio Company's Purchase. 

Act of February 8, 1819, 17 v. p. 130. Copies of Ohio Company's Pur- 
chase to be furnished for Hocking county, by W. R. Putnam and such 
copies made evidence. 

Act of February 24, 1820, 18 v. p. 166, took effect June 1. This act re- 
peals the one of January 30, 1818. 

Act of January 4, 1820, L. L. 1819—20, p. 5. Deeds in Adams county, 
may be transcribed and copies made evidence. 

Act of February 2, 1820, L. L. 1819—20, p. 81. Amendatory of the act 
of January 25, 1819. 

Act of February 25, 1820, L. L. 1819—20, p. 108. Records of deeds in 
"Ross county may be transcribed and copies made evidence. 

Act of Febuary 2, 1821, 19 v. p. 145. Further to perpetuate evidence of' 
the original field notes of Symraes' Purchase, in Butler county. 

Act of December 26, 1822, L L. 1822—3, p. 13. Commissioners appoint- 
ed to obtain evidence relative to titles in Symmes' Purchase. 

Act of January 2, 1824, 22 v. p. 105. Directs the mode of perpetuating^ 
testimony relative to lands, and repeals the act of January 25, 1819. 

Act of January 28, 1824, 22 v. p. 362. Mortgages may be sold of banks, 
♦rust estates. Sec. 



"Bmtmtu. 



Course of de- 
scents. 



[Act of February/ 22, 1805^ 3 v. L. 0. p. 279.] 

An act regulating the course of descehts and distribution of personal estates.. 

Real estate to Sec. 1. That when any person having title to any real 
descend in estate of inheritance, shall die intestate, as to such estate, it 
parcenary. g|. ^^jj (descend and pass in parcenary, to his kindred, male and 
female, in the following course: 

Sec. 2. That if the estate came by descent, devise or deed 
of gift, from an ancestor, it shall descend to the children of 
the intestate and their legal representatives. 

Sec 3. That if there be no children or their legal repre- 
sentatives, the estate shall pass to the brothers and sisters of 
the intestate and their legal representatives: Provided^ They 
are of the blood of the ancestor, from whom the estate 
came. 

Sec. 4. That if there be no brothers or sisters, or their 
legal representatives, the estate shall pass to the next of kia 
to and of the blood of the intestate. 

Sec 5. That if the estate came not by descent, devise or 
deed of gift, but was acquired by purchase, by the intestate, 
it shall descend to the children of the intestate and their legal 
representatives. 

Sec 6. That if their be no children or their legal represen- 
tatives, the estate shall pass to the brothers and sisters of the 
intestate of the whole blood, and their legal representatives. 

Sec 7. That if their be no brothers or sisters of the intes- 
tate of the whole blood, or their legal representatives, the 
estate shall pass to the brothers and sisters of the half blood,, 
and their legal representatives. 

Sec 8. That if there be no brothers or sisters of the in- 
testate of tlie half blood, or their legal representatives, the 
estate shall ascend to the father, if the father be dead, then 
then to the mother. 

Sec 9. That if the father and mother be dead, the estate 
shall pass to the nextof kin, to and of the blood of the intes- 
tate. 

Sec 10. That where any of the before mentioned chil- 
dren, brothers, sisters or their legal representatives, in the 



Estate shall 
ascend. 



DESCENT^. 3U 

same degree of consanguinity or kindred, come into the par- "^^^^^ the es- 
tition of any real estate, they shall take per capita^ that is to taken ^per m- 
fay, by persons; but where one or more of them are dead jyiYa and when 
and one or more living, the issue of those dead shall have ^iP^r stirpes . 
right to partition, and such issue, in such case, shall take per 
stirpes, that is to say, the share of their deceased parents. 

Sec 11. That where any of the children of the intestate ^^^^1^^^^"^*^"^ 
or their issue, shall have received from the intestate, m his brought into 
life time, any real estate, by way of advancement, and shall /ioec/i;;o(. 
choose to come into partition with the other parceners, such 
advancement shall be brought into hoich pot, with the estate 
descended. 

Sec. 12. That in making title by descent, it shall be no Alienage of 
bar to a party, that any ancestor, through whom he derives ^^^^^^^'^ ^^ 
his descent from the intestate, is or hath been an alien; a 
bastard; also, shall be capable of inheriting or of transmitting 
inheritance on the part of their mother, in like manner as if 
they had been lawfully begotten of such mother. 

Sec. 13. That where a man having by a woman one or }^*f^^.;^^J^^^se 
more children, shall afterwards intermarry with such woman, children, 
such child or children, if recognized by him, shall be thereby 
legitimated ; the issue also in marriages deemed null in law, 
shall nevertheless be legitimate. 

Sec 14. That one parcener may maintain an action of Waste may 
waste against another, but no parcener shall have or possess by 01^6 a^o^ainst 
any privileges over another, in any election, division or a coparcener, 
matter, to be made or done, concerning lands which have >^ 

descended. 

Sec 1 5. That if any person shall die intestate, leaving any Descent of 
goods, chattels or other personal estate, such goods, chattels P^^^°"^^ ^^ 
or other personal estate, shall be distributed agreeable to the 
foregoing course of descents, saving however such rights 
which any widow may have to any portion of such personal Dower saved, 
estate. 

Sec 16. That nothing in this act shall be construed, to^^g^^^fte- 
affect the right any person may have as tenant by the cour-"e^g° saved"'^* 
tesy in any estate of inheritance, nor shall the right of dower 
claimed by any widow in any estate of inheritance be im- 
paired in any wise whatever. 

Sec 17. That all laws and parts of laws, now in force in Alllawsre- 
this state, on the subject of descents, are hereby repealed. P^^^^^- 

This act shall be in force from and after the passage Effect, 
thereof. 



§1S 



]^E3CENTSi 



0escents» 



lAci of December 19, 1814, 13 r. L. O. jO. 3.] 

An act to amend the act, entitled "An act regulating the course of descents- 
and distribution of personal estates." 

Estates to de- ^^c, 1 . That where any person shall die intestate, hav- 
scend in par- ing title to any real estate of inheritance, lying and being in 
ccnary. ^jjjg state, which title shall have come to such intestate by 

descent, devise or deed of gift, from an ancestor, such es- 
tate shall descend and pass in parcenary, to his or her kin- 
dred in the following course: First, to the children of such 
intestate or their legal representatives: Second, if there be 
no children or their legal representatives, the estate shall 
pass to the brothers and sisters of the intestate, who may be 
of the blood of the ancestor from whom the estate came, or 
their legal representatives, whether such brothers and sisters 
be of the whole or of the half blood of the intestate: Third, 
if there be no brothers and sisters of the intestate of the blood 
of the ancestor from whom the estate came, or their legal 
representatives, and if the estate came by deed of gift from 
an ancestor who may be living, the estate shall descend to 
such ancestor: Fourth, if there be neither brother or sister 
of the intestate of the blood of the ancestor from whom the 
estate came, or their legal representatives ; and if the ances- 
tor from whom [the] estate came be deceased, the estate shall 
pass to the brothers and sisters of the ancestor from whom 
the estate came, or their legal representatives, and for want 
of such brothers or sisters, or their legal representatives, to 
the brothers and sisters of the intestate of the half blood, or 
their legal representatives, though such brothers and sisters 
be not of the blood of the ancestor from whom the estate 
came: Fifth, if there be no brothers or sisters of the intes- 
tate, or their legal representatives, the estate shall pass to 
the next of kin to the intestate of the blood of the ancestor 
from whom the estate came. 

Sec. 2. That the second, third and fourth sections of the 
act regulating the course of descents and distribution of per- 
sonal estates, passed the 22d day of February, 1805, be, and 
the same are hereby, repealed. 

This act shall take effect, and be in force, from and after 
the first day of June next. 

Note.— Act of December 30, 1815— took effect May 1, 1816, 14 v. p. 36, 
By this act all laws and parts of laws, on the subject of descents, are re- 
pealed. 

Act of February 6— took effect June I, 1824, 22 v. p. 132. Tliia aet tie* 
peals all laws within its purview. 



Tart of act 
repealed. 



©otocr. 



{.Adopted from Massachusetts — published July 14 — took effect 
June 26, 179Q—Maxweirs ed,T, L. p, 164.] 

A law for tlic speedy assignment of dower. 

Sec. 1. When the heir, or other person having the next How to set off 
immediate estate of freehold or inheritance, shall not, within ^°^^'^^' 
one month next after demand made, assign and set out to 
the widow of the deceased, her dovrer, or just third part of 
and in all lands, tenements and hereditaments, whereof by 
lavV^, she is or may be dowable, to her satisfaction according 
to the true intendment of law, then such widow may sue for 
and recover the same, by writ of dower, to be brought 
against the tenant in possession, or such persons as have or 
claim right or inheritance in the same estate, in manner and 
form as the law prescribes. 

Sec. 2. Upon rendcrins judgment for any woman to re- Writ of seisin 
cover her dower in any lands, tenements or hereditaments, "^^^ \^'smq. 
reasonable damages shall also be awarded to her, from the 
time of the demand and refusal to assign to her reasonable 
dower. And a writ of seisin shall be directed to the sheriff 
of the county, or coroner; and tlie sherifTor coroner to whom How dower 
such writ is directed, shall cause her dower in such estate Jigged! ^^" 
to be set forth unto her, by three disinterested freeholders 
of the same county, under oath or affirmation, to be adminis- 
tered by any justice of the peace, to set forth the same equal- 
ly and impartially, without fivour or affection, as conveni- 
ently as may be. 

Sec. 3. Where estates, of which a woman is dowable, are Dower may 
entire, and where no division can be made by metea or bp assigned in 
bounds, dower thereof shall be assigned in a special manner, ^^P^^^^*°^'^' 
as of a third part of the rents, issues, and profits, to be com-'^^^' 
puted and ascertained in manner as aforesaid. And no wo- 
man that shall be endowed of any lands, tenements or here- 
ditaments, as aforesaid, shall wantonly or disorderly, commit 
or suffer any waste thereon, on penalty of forfeiting that part Widow not to 
of the estate upon which such waste shall be made, to him commit waste, 
or them that have the immediate estate of freehold or inheri- 
tance in remainder or reversion, (and in case of negligent 

2Q 



314 DOWER. 

Tenants in and inadvertent waste, by her done or suffered, the damages 
dower to re- ^i-j^^ j-^^^y \^q assesscd for sucli waste) to be recovered by an 
pair prcini&es. ^^^j-j^j^ ^f waste. And all tenants in dower shall maintain the 
houses and tenements, with the fences and appurtenances 
w^hereof they may be endowed, in as good repair as the same 
may have been delivered to them, during the term: and the 
same shall so leave at the expiration thereof,"^ 



[Ad of January 19, 1804, 2 v. L. O. p, 84.] 
An act regulating the right of dower. 

, SiEC. 1. That the widow shall be entitled during her life, 

er to^oe one^" *^ ^^^ ^^^ of one-third part of all the real property that her 
third of real husband was seized of during coverture, unless she shall have 
estate, joined with her husband in the conveyance ; the widow shall 

tarry in the chief house of her husband, and have a reasona- 
ble support out of the estate of her husband, until her 
dower be assigned her, and shall be entitled to one-third part 
of the remainder of the personal property, after the debts 
are paid. 

Jointure bars ^^^' ^' That if any estate shall be conveyed to a woman 
dower. for a jointure instead of her dower, to take effect immediately 

after the death of her husband and to continue during her 
life, such conveyance shall bar her right of dower to the 
lands and tenements which were her husband's, but if the 
jointure or conveyance was made when the feme was in infan- 
cy, or if made after marriage, in either case the widow, at 
her election, may wave her jointure and demand her dower, 
Dower, how Sec. 3. That the judges of the court of common pleas, on 
assigned. application of the widow, shall appoint three appraisers to 
appraise the property of the deceased, any two of whom shall 
assign to the widow her dower therein. 
Widow mav ^^^' ^' That whenever any person shall leave any part of 
hold her dow- his property to his wife by will, she shall, within six months 
er, or under after the death of her husband, make her election, whether 
^^^' she will hold by the will or by her right of dower, unless the 

husband shall specially set forth in his will, that such provision 
was m.ade and given in addition to the widow's right of dow- 
er; and in case all the heirs to the estate are of age, and the 
widow and the heirs can agree on a division and on settle- 
ment of the estate, they shall make return of such, their 
agreement, to the court of common pleas, which settleHient 
and agreement shall be valid and binding on the widow and 
the heirs. 

*The errata say?, page 223, "in page 166, in the foot of the law, fortlie 
spee<ly assignment of doAViT for .rj'.r^/i rffl:?/ o/ J^wm:, read first daj of Qclo- 
"bcr.'* I su]»posc it should have been 26tli of Jun<?. 



DovrER. 315 

Sec. 5. That no contract of the husband or recovery Contract of 
against him of any lands, tenements or hereditamenls, being husband not 
the inheritance or freehold of his wife, during the coverture fj^^lJJ^J^^^^'^^J?!! 
between them, shall in any wise deprive the wife, after the ing her lands. 
death of the husband, of any right which she had or mi^ht 
have to such lands, tenements or hereditaments, or her heirs 
or any person who shall have right, title or interest to the 
samc,^ by the death of such wife or v/idov/. 

Sec. 6. That if a v/ife willingly leave her husband and Adultery bar$ 
dwell with her adulterer, she shall loose and be barred of"shtoulower. 
her right of dower, but if she shall return and her husband 
shall be reconciled to her and dv>^ell with her> ghe shall be 
restored to her right of dov/er. 

Sec 7. That in case a person shall be impleaded for lands Wiuow may 
or tenements, and giveth up the same by covin or fraud, af- he endowed 
ter the death of the husband the wife may recover her dower ^^ '|J'^^"*' 
of the same ; and in case the husband loseth the land in de- 
mand by default, and his wife, after his death, demand her 
dower therein, she shall be heard; and if the widow can esta- 
blish the right of the husband to the lands or tenements, sh& 
shall be entitled to and recover her dower therein. 

Sec. 8. That whenever a widow having no right to dower Heir may dp* 
and the heir being under age, if the widow bring her writ of mand seisin 
dower against the guardian and she [he] shall make default, or lYas^^ee^T^ -. 
by collusion defend the plea faintly, whereby the widow is dulently 
awarded her dower, in prejudice to the heir or heirs, in all awarded, 
such cases, he, she or they, coming of age, shall have right 
to demand the seisin of his or her ancestor against such wo- 
man, in like manner as he, she or th^y, should have against 
any other person. 



[M of February 12, 1805, 3 r» ^. O. j) 112.] 

An act relating to dowei:. 

Sec. 1. That the widow of any person dying intestate or Widow en- 
otherwise, shall be endowed of one full and equal third partdowed of real 
of all the lands, tenements or other real estate of which her^^*^^^- 
husband was seized as an estate of inheritance, at any time 
during the coverture, to which she shall not have relinquish- 
ed her right of dower, by deed duly executed and acknow- 
ledged; and she shall in like manner, be endowed of one 
third part of all the right, title or interest, that her husband, 
at the time of his decease, had in any lands and tenements. May posset 
held by bond, article, lease or other evidence of claim, and " - ^Tfiansion 
until such dower sliall be assigned, it shall be lawful ibr her j^"^^^ -g'^g, 
to remain and continue iu the chief mansion-hoUse and the signed. 



216 DOWER. 

messuage or plaiitciiior.s thereto belonging, without being 
chargeable with rent for the same. 

Jointure bars ^^^* ^' That if any estate shall be conveyed to a woman 
doAver. as jointure in lieu of her dower, to take elTect immediately 

after the death of her husband and to continue during her 
life, such conveyance shall bar her right of dower to the 
lands and tenements which were her husband's; but if the 
jointure or conveyance was made when the feme was in 
infancy, or if made after marriage, in either case the widow 
at her election, may wave her jointure and demand her 
dower. 
May take Sec, 3. That whenever any person shall leave any part 

doAver or un- of his lands, tenements or hereditaments to his wife by will, 
she shall, within six months after the death of her husband, 
make her election, whether she will take by the will or by 
Froviso. ^^r right of dower: ProvidecL That the court may, for good 

cause shewn, give a farther time to any widov/ to make her 
election, not exceeding eighteen months from the death of 
her husband, unless the husband shall specially set forth in 
his will, thcit such provision vras made and given in addition 
to the widow's right of dower; and in case all the heirs to 
the estate are of age, and the widow and the heirscan agree 
on a division and on settlement of the estate, they shall make 
return of such their agreement to the court of common pleas, 
which settlement and agreement shall be valid and binding 
on the widow and tiie heirs. 

Lands of wife ^^^' ^' '^^^'^'^^ "^ contract of the husband or recovery 

not to be against him of any lands, tenements or hereditaments, being 

transferred by the inheritance or freehold of his wife during the coverture 

husband's between them, shall in any wise deprive the wife, after the 

death of her husband, of any right v/hich she had or might 

have, to such lands, tenements or hereditaments, or her heirs 

or any person who shall have right, title or interest to the 

same, by the death of such wife or widow. 

Estates con- Sec. 5. That when any conveyance intended to be in lien 

veyed failing, of dower, shall through any defect, fail to be a legal bar 

widow shall thereto, and the widow availinei; herself of such defects, may 

demand her dower, and the estate and interest conveyed to 

such widow, with intention to bar her dower, shall there- 

upofn cease and determine. 

Jointress los- ^^^' ^' That if any widow be lawfully evicted from her 
ing her lands jointure, or any part thereof, without fraud in her, she shall 
to be endow- be endowed of as much of the residue of her husband's lands, 
^ * tenements or hereditaments, whereof she was before dow- 

able, as the same lands, tenements or hereditaments, from 

which sl-e was evicted, shall amount to. 

AT It b 3 ^^^* ^* 1'^"^^^^ i^^ ^'i^<^ willingly leave her husband and 

dovrer. dwell with her adulterer, she shall lose and be barred of her 

right of dower; but if she shall return and her husband shall 



DOWER. 317 

Ijc reconciled to her and dwell with her, she shall be restor- 
ed to her rif^ht of dower. 

Sec. S. That in case a person shall be impleaded for lands Lands lost by 
or tenements, and giveth up the same by covin or fraud, after fraud, widow 
the death of the husband, the wife may recover her dower ^^1^^^^^^' 
of the same, and in case the husband loseth the land in de- 
mand by default, and his wife, after his death, demand her 
dower therein, she shall be heard; and if the widow can es- 
tablish the right of the husband to the lands and tenements, 
she shall be entitled to and recover her dower therein. 

Sec. 9, That whenever a widows having no right to dower, Heir may re- 
and the heir being under age, shall bring her writ of dower covor land of 
against the guardian, and he shall make default, or by collu- JJ^^'^^^j^^^^, 
sion defend the plea faintly, w^hereby the widow is awarded endowed, 
her dower in prejudice to the heir or heirs, in all such Cases, 
he, she, or they, coming of age, shall have right to demand 
the same of his or her ancestor, against such woman, in like 
manner as he, she or they, should have against any other 
person. 

Sec. 10. That when the heir or other person, having the Dower to be 
next immediate estate of inheritance, shall not, within three ^^^^^^^^^^^ 
months after dem.and made, assign and set olf to the widow do^wVay^sue' 
of the deceased, her dower in all lands, tenements and here- 
ditaments, of which by law, she is or miay be dowable, to her 
satisfaction, according to the true intendment of law, then 
6uch widow may sue for and recover the same, by writ of 
dower, to be brought against the tenant in possession, or such 
person or persons as have claim, right or inheritance in the 
same estate, in manner and form as by law is or may be 
prescribed. 

Sec. 11. That upon rendering judgment for any woman Writ of seisin 
to recover her dower, in any lands, tenements or hercdita-^°^"°^*"" 
ments, reasonable damages shall also be awarded to her from 
the time of the demand and refusal to assign to her reason- 
able dower; and a writ of seisin shall be directed to the 
sheriff or coroner of the county, and the sheriff or coroner, to 
v/hom such writ is directed, shall cause her dower in such 
estate to be set forth unto her, by three disinterested free- 
holders of the same county, under oath or affirmation, to be 
administered by any justice of the peace, to set forth the 
same equally and impartially, without favor or affection. 

Sec 12. That where estates of which a wcman is dowa- ^-^ 
ble are entire, and where no division can be made by metes be endowed of 
or bounds, dower thereof shall be assigned in a special rents. 
manner, as of a tliird part of the rents, issues and profits, to 
be computed and ascertained in manner as aforesaid. 

Sec 13. That no w^oman who shall be endowed of any Wa?te forfeits 
lands, tenements or hereditaments as aforesaid, shall w^anton- estate. 
ly commit or suffer any waste thereon, under the penalty of 
forfeiting that part of the estate in which such waste sbaU be 



318 



DOWER. 



All laws on 
subject of 
dower repeal- 
ed. 



Effect. 



made to him or them, that have immediate estate of inheri- 
tance in remainder or reversion, to be recovered in [an] action 
of waste. 

Sec. 1 4. That the act, entitled " An act regulating the 
right of dower f also, "A law for the speedy assignment of 
dower," and all other laws on the subject of dower, be, and 
the same are hereby, repealed. 

This act shall take effect, and be in force, from and after 
the first day of June next. 



Note — Act of January 29, 1818, 16 v. p. 121. The reversionary interest 
after tenaniy in dower, may be sold, when estate is insolvent. This act is re- 
pealed June 1, 1824. See 22 v. p. 132, section 28. 

Act of January 28— took effect June 1, 1823, [1824] 22 v. p. 135, repeals- 
".illlaws and parts of laws before passed on the subject of dower. 



Sntcitlwcut. 



lAd of December 17, 1811, 10 i?. L. 0._p. 7.] 
An act to restrict the entailment of real estate. 

Sec. 1. That from and after the taking effect of this act, Entailmea\>| 
no estate in fee simple, fee tail, or any lesser estate in lands 
or tenements, lying within this stite, shall be given or granted 
by deed or will to any person or persons, but such as are in 
being, or to the immediate issue or descendants of such as 
are in being at the time of making such deed or will, and 
that all estates given in tail shall be and remain an absolute 
estate in fee simple to the issue of the first donee in tail. 

This act to take effect, and be in force, from and after tht 
Rvst day of June next. 



[Ad of January 1, 1811, 9 t?. L. O.;?. 6.] 

An act for the preservation of the original field notes of Symmes' Purchase. 

Sec. 1. That John Cleves Symmes, esq. or his heirs, exe-A request to 
cutors, or administrators, be requested to deliver on oath all obtain 
and singular the original field notes and papers of the Miami ^y"^"^^^' ^^^^ 
Purchase, so called, now in his possession or within his con- 
tract, to the persons herein after named. 

Sec. 2. That the recorders of the counties of Hamilton, ^^ ^^ record- 
Butler and Warren, are hereby authorized and required, on ^^[J^^^p]^^ 
condition that the said John Cleves Symmes, his heirs, ex- 
ecutors or administrators, will consent to the same, to record 
the said field notes and papers in his possession, concerning 
the surveys of the purchase aforesaid, in each of the re- 
cords of said county, which record or a duly certified copy 
thereof shall be admitted as evidence in any court in this 



320 



DIELD ^'OTES. 



state, in all cases where the original field notes aforesaid 
would be legal evidence. 
Commission- Sec. 3. That after the field notes aforesaid shall he record- 
ers to compare ed, the commissioners of each of the counties aforesaid are 
throrio-TnaJ required to diligently compare said record with the original 
* ' field notes and correct the same, if necessary; after which 
the originals shall be returned to the said John Cleves. 
Symmog, his heirs, executors or admhoistrators, and the re- 
corders aforesaid for the service required of them by this act 
shall receive such compensation as the commissioners of the 
said counties shall think just and reasonable. 

This act to take effect, and be in force, from and after the 
passage thereof. 



[Act of January 5, 1814, 12 ij. L. O, p, 31.] 

An act to perpetuate e-videncc of the original field notes of the Miami 

Purchase. 



Preamble. WiiEREAS it has been represented to this legislature that the 
original field notes of the survey of the tract of land, 
commonly called the Miami Purchase, situate between 
the two Miami rivers, have been accidentally destroyed 
by fire, and that great inconveniences have arisen and 
are likely to arise in consequence thereof; and also, that 
there are correct copies of the said field notes now in 
the possession of sundry persons residing on or near the 
said lands, which copies are in a perishable condition; 
Therefore, for the purpose of perpetuating the evidence 
of the said field notes, and for removing the inconve- 
niences aforesaid, 
Three com- Sec. 1. That John R. Gaston, of the countv of Hamilton; 
v^nt^d''^^'^^^^^ Heaton, of the county of Butler, and William C. 
Schenck, of the county of Warren, be, and they are hereby 
appointed commissioners for the purpose of collecting and 
perpetuating evidence of the original survey made under the 
direction of John Cleves Symmes, by authority of the go- 
vernment of the United States, of the tract of land commonly 
called the Miami Purchase, being the same tract of land that 
was conveyed by the United States to John Cleves Symmes, 
and his associates, by letters patent, bearing date on or about 
the fourth day of September, in the year of our Lord one 
thousand seven hundred and ninety-four. 

Sec. 2. That the said commissioners, or any two of them, 
shall hold their first meeting at the town of Cincinnati, in the 
county of Hamilton, on the first Monday of March next, and 
to adjourn from time to time, and to such place or places as 
they may judge most convenient; public notice of which 
first meeting shall be given by said commissioners in at least 



po 



Their duty. 



When to meet 



PiELD NOtE$. 3.2 i 

tlu'ee newspapers printed in said purchase, at least twenty Their autho- 
days previous to said meeting. And the said commissioners, "^y- 
when met, shall have power and authority to send for per- 
sons and papers, and to collect all the copies witlvin their 
knowledge, of the field notes of the original survey of the 
Miami Purchase, made u:^der the direction of John Cleves 
Symmes as aforesaid, and to examine witnesses on oath or 
.affirmation, which they, or cither of them arc hereby autho- 
rized to administer, touching the validity and correctness of 
said copies; and so far as the said commissioners shall obtain 
satisfactory proof that the copies received by them are true 
and correct copies from the original field notes of the said 
original or first survey, they shall cause them to be entered 
in a book to be provided for that purpose, and shall annex To make fe- 
thereto their certificate that tliey have been received -'ind ^^^^^^^^^.^'^°^''" 
adjudged by them to be genuine copies of the original field sanie. 
notes of the said original or first survey; and it shall be the 
duty of the commissioners to cause the said copies to be re- 
corded in the records of deeds of the county in which the 
lands to which the said copies relate may respectively lie; 
and it is hereby made the duty of the recorder to receive 
and record the same, and forthwith to return the said book 
to the commissioners, for which services they shall be allowed 
such fees as the said commissioners may deem just and rea- 
sonable, to be paid by the treasurer of their respectire coun- 
ties on the order of the said commissioners. 

Sec. 3. That certified copies of the records, so made as Copies of such 
aforesaid, shall be admitted as legal evidence in all courts of record to be 
judicature in this state, in ail cases where the original field S<^°^ ^^^^®"°^ 
notes aforesaid would be legal evidence. 

Sec. 4. That the said commissioners, before they enter on Commisdon- 
the duties of their office, shall take and subscribe an oath or^^^^^ takean 
affirmation, faithfully to discharge the duties by this act re-*^^ 
posed in them, according to the best of their skill and judg- 
ment; a copy of which oath or affirmatit>n shall be entered 
in the book herein before mentioned, by the person adminis- 
tering the same ; and each of the said commissioners shall be 
allowed the sum of two dollars per day for each and every 
day he may be employed in discharging the duties imposed 
by this act, to be paid out of the treasuries of the counties of 
Hamilton, Butler and Warren, in proportion to the quantity 
of Symmes's Purchase contained in each of the, three aforef 
sliid counties respectively. 



Q J^ 



jFvautJttXfut €toni)ej>attce!5, etc. 



[Adopted from Vin^inia — published July 14^and took effect Octe-' 
ber 1, \795—MaxwelPs ed. T, L,p, 175.] 

A law declaring what laws shall be in force. 

The common [Sec. 1 .] The common law of England, all statutes or acts of 
law, &c. in the British parliament made in aid of the common law, prior 



ioreev 



to the fourth year of the reign of King James the first (and 
w^hich are of a general nature, not local to that kingdom) 
and also the several laws in force in this territory, shall be 
the rule of decision, and shall be considered, as of full force, 
until repealed by legislative authority, or disapproved of by 
Congress. 



\Ad of February 14, 1805, 3 :;. L. O. p, 248.] 
An act declaring what laws shall be in force in this state. 

Laws in force Sec» 1. That the common law of England, all statutes or 

for rules of de-g^^ts of the British parliament, made in aid of the common 
law, prior to the fourth year of the reign of king James the 
first, and which are of a general nature not local to that 
kingdom, and also the several laws in force in this state, 
shall be the rule of decision, and shall be considered as of full 
force, until repealed by the General Assembly of this state. 

tiawrepealed. Sec. 2. That a law, entitled "A law declaring what laws 
shall be in force," adopted from the Virginia code, and pub- 
lished at Cincinnati, the fourteenth day of July, one thou- 
sand seven hundred and ninety-five, be, and the same is here- 
by, repealed. 

Efiect. This act shall take effect, and be in force, from and after 

the first day of June next. 



\Jlci of January 2, 1806, 4 r. L. O, p. 38.] 

An act repealing a part of the act, entitled "An act declaring what law^ 
shall be in force in this state." 

Sec. 1. That so much of the act, entitled "An act declar^ 
ing what laws shall be in force in this state," as declares the 



FRAUDULENT CONYEYANCES, &C. 32^! 

common law of England and the statutes or acts of the Brit- Act making 
ish parliament made in aid of the common law, prior to the ^^"^{^°^^,^^'' 
fourth year of the reign of King James the first, to be incis?on,l'c.^re? 
force as the rule of decision in this state, be, and the same is pealed* 
hereby, repealed: Provided neveriheless, That all suits and 
prosecutions no\y pending in any court of record within this P^ovisp, 
state, under the provisions embraced in the above recited act, 
shall be prosecuted to final judgment and execution in tlie 
same manner as though this act had never been in force. 

This act to take efiect, and be in force, from and after the 
passing thereof. 



[Act of February 19, IBlO—took effect June 1, 8 d. L. O. 
p. 216.] 

An act for the prevention of frauds and perjuries. 

Sec. 2. That every gift, grant or conveyance of lands. Grants, &c, 
tenements, hereditaments, rents, goods or chattels, and every given to de- 
bond, judgment or execution, made or obtained with intent to^^^"^/^^®^*' ., 
defraud creditors of their just and lawful debts or damages, ' 
or to defraud or to deceive the person or persons who shall 
purchase such lands, tenements, hereditaments, rents, goods 
or chattels, shall be deemed utterly void and of no effect. 

Sec. 4. That no leases, estates or interests, either of free- interest in 
hold, or terms for years, or any uncertain interests of, in or land not to 
out of lands, tenements or hereditaments, shall, at any time P^^^^^^^P^ ^5" 
hereafter, be assigned or granted, unless it be by deed or ^^' ' 
note, in writing, signed by the party so assigning or granting 
the same, or their agents thereunto lawfully authorized, by 
writing, or by act and operation of law. 

Sec. 5. That no action shall be brought, whereby to Actions shall 
charge the defendant upon any special promise, to answernot be bro't 
for the debt, default or miscarriage of another person, or to ^" verbal 
charge any executor or admmistrator, upon any special pro- &^\^^-^^i^nds 
mise, to answer damages out of his own estate, or to charge &c» ' 

any person upon any agreement made upon consideration of 
marriage, or upon any contract or sale of lands, tenements or 
hereditaments, or any interest in, or concerning of them, 
or upon any agreement that is not to be performed with- 
in the space of one year from the making thereof, unless 
the agreement upon which such action shall be brought, or 
some memorandum or liote thereof shall be in writing, and 
signed by the party to be charged therewith, or some othef 
person thereunto by him or her lawfully authorized. 



©awing Conss^^ctaiioit. 



[Published Au^ist 4, 1790 — took effect after January 1, 1791 — 
Childs S^ Swaine's ed. T. L.p. 40.] 

An act for suppressing and prohibiting every species of gaming for money 
or other property, and for making void all contracts and pa3^ments made 
in consequence thereof, and also for restraining the disorderly practice of 
discharging fire arms at certain hours and places. 

Bonds, con- Sec. 3. That every promise, agreement, note, bill, bond, 
veyances, &c. or other contract to pay, clelive^or secure money, goods, or 
mT-'wonat" ^^^^^^? "^^^ ^^ obtained, either by playing at cards, dice 
gaming void, tables, tennis bowls, or other games, chances, sports, or pas- 
times, or by laying or betting, on the hands, or sides of any 
person or party, who shall play at such or any other games, 
chances, sports, or pastimes, or which shall be won or ob- 
tained, by laying or betting on any horse race, cock fight, or 
other sport, pastime, game, or exercise of skill or chance, or 
which is mtended to repay or secure money or other thing 
Tent or advanced for any of the purposes aforesaid, or lent 
or advanced at the time of such gaming, sporting, or betting, 
to a person then actually betting, laying, or adventuring 
money or other thing, shall and the same is and are hereby 
declared to be null and void. And any conveyance or lease 
of lands, tenements, or hereditaments, sold, demised, or mort- 
gaged, and any sale, mortgage or other transfer of personal 
estate, to any person for his use, to satisfy or secure money 
or other thing by him won of, or lent, or advanced to the 
seller, lessor, or mortgagor, or whereof money or other thing, 
so won or lent, or advanced^ shall be part, or all of the con- 
Estates con- sideration money, shall enure to the heir or heirs of such 
enure tc^benc- "^^^'^o^§^^9 lessor, bargainor or vetidor, and shall vest the 
fit of heirs. whole estate and interest in such person, in the lands, tene- 
ments or hereditaments so leased, mortgaged, bargained or 
sold, and in the personal estate so sold, mortgaged or other* 
wise transferred to all intents ai\(J, purpo'^es, in the heir or 
heirs of such lessor, bargainor, mortgagor or vendor, as if 
such lessor, bargainor, mortgagor or vendor had died intes- 
tate.* 

♦Repealed August 14, 1795— jl'o.*/. 



GAMING CONSIDERATION. 325 

[^J\Iade and published July 14, and took effect Aiigvit 14, 1795 — 
MaxwelPs ed, T, L. p, 17 Q, 

An act repealing certain laws and acts, and part of laws and acts. 

[Sec. l.J That the laws and acts, and parts of laws andLawrepealedy 
acts, herein after particularly enumerated and expressed, be, 
and the same are hereby, repealed; to wi t: 

So much of the law establishing a court of probate, as 
vespects the appointments and duties of the clerk: 

The "Act for suppressing and prohibiting every species of Part of one re- 
gaming for money, or other property; and also, for restrain- P^^^^^- 
ing the disorderly practice of discharging fire arms, at cer- 
tain hours and places." 



{Adopted from Virginia — published July 1 6, and took effect Oc- 
tober 1, nd5,—jyiaxzoelPs ed. T, L,p, 206. 

A law to suppress gaming. 

Sec. 1. Every promise, agreement, note, bill, bond, or 
other contract shall be void, if made to pay, deliver or ^^- menu kc. 
cure money, or other thing, won or obtained by playing at void, if ob- 
cards, dice, tables, tennis bowls or other games; or by bet-t^^^^^^^S^"^ 
ting or laying on the hands and sides of any person v/bo shall ^'^^* 
play at such games, or be won or obtained by betting or 
laying on any horse race or cock fighting, or at any other 
sport or pastime ; or on any wager whatever, or to repay or 
secure money, or other thing lent or advanced for that pur- 
pose, or lent or advanced at the time of such gaming, sport- 
ing or wager, to a person then actually playing, betting, lay- 
ing or adventuring. 

Sec 2. Any conveyance or lease of lands, tenements, or (^o^^^pyances, 
hereditaments, sold, demised, or mortgaged; and any sale,&c. if won of 
mortgage or other transfer of personal estate, to any person, o^J^'^Y^il'^^ 
or for his use, to satisfy or secure money, or other thing, hy ^.^g^^^j^^J^g^^^^ 
him won of, or lent or advanced to the seller, lessor, or mort-in the heir of 
gagor ; or whereof money or other thing so won, lent, or ad- grantor, 
vanced be part or all of the consideration, shall enure to the 
use of the heir of such mortgagor, lessor, bargainor or vendor 5 
and shall vest the whole estate and interest of such person 
in the lands, tenements or hereditaments so leased, mort- 
gaged, bargained or sold, and in the personal estate so sold, 
mortgaged, or otherwise transferred, to all intents and pur- 
poses in the heir of such lessor, bargainor, mortgagor or ven- 
dor, as if such lessor, bargainor, mortgagor or vendor had 
died intestate. 



326 GAMING CONSIDERATIOJf, 

lAct of January 4, 1814, 12 v. L. O.p, 23v] 

An act for the prevention of gaming. 

Mortgages, Sec. 1. That all promises, agreements, notes, bills, hoiids 

oonveyances, or other contracts, mortgages or other securities whatsoever^ 

&c. wnen the after the takinff effect of this act, when the whole or any part 
consideration /.,, -i,. /. i. ,*'*^ 

is a gamint^ ^^ -he consideration oi such promise, agreement, convej- 

one, declared ance or security shall be for money or other valuable thing 
Toid, whatsoever, vron, laid or betted, at cards, dice tables, tennis 

balls, or any other game or games whatsoever, or at any horse- 
race, cock fighting, or any other sport or pastime,.or on any wa- 
ger whatsoever, or for the reimbursing or repaying any 
money lent or advanced at the time of such play, bet or 
Mvagevy so to be betted or wagered, shall be utterly void, 
frustrate, and of none effect to all intents and purposes what- 
soever, any law, usage or custom to the contrary notwith- 
standing. 

Sec. 16. That all acts and parts of acts coming within the 
" ^ ^ ' purview of this act, shall be and the same are hereby re- 

T> . pealed: Provided. That nothing in this act contained shall be 

Jr rovisOj •* 70 

so construed as to repeal any acts or parts of acts relating to 

offences committed or done before the commencement of 

this act. 

iTff ct^ ^^^* ^^' ^^^^ *^^^ ^^* ^^^^^ commence, and be in force, 

from and after the firgt day of June next. 



Sti5£went!0i nvCS ISvecution.^. 



^Adopted from Pennsylvania — pvhlished June 1, and took effect 
August 15, 1795 — MaxwelPs ed, T, L»p, 15, 

A law subjecting real estate to execution for debt. 

Sec. 1. To the end, that no creditors may be defrauded Lands, &c. 
of debts justly due to them, from persons who have sufficient °^^y^!'.^°^^^® 
real, if not personal, estates to satisfy the same; all lands, 
tenements and hereditaments whatsoever, where no sufficient 
personal estate can be found, shall be liable to be seized 
and sold, upon judgment and execution obtained. 

Sec. 2. Provided alzmys^ That when any debt is here- Proviso : lands 
after recovered, and damages awarded, or when any debt is f ^j^-f'i!'^ *? 
acknowledged before such as have, or shall have, power to and 'profits 
take cognizance thereof, and executions are awarded there- will pay the 
upon, to be levied upon the lands, tenements or heredita- ^^'^^ ^'^ ^^^'^^ 
ments of any person or persons whatsoever; it shall not be 
lawful for any sheriff, or other officer, by virtue of such ex- 
ecutions, or of any writ or writs thereupon, to sell, or ex- 
pose to sale, any such lands, tenements or hereditaments, 
which shall or may yield yearly rents or profits, beyond all 
reprises, sufficient within the space of seven years, to pay 
or satisfy such debts or damages, with costs of suit: but all 
those lands, tenements and hereditaments, shall, by virtue 
of the writ or writs of execution, be delivered to the party 
obtaining the same, until the debt or damages be levied bj 
a reasonable extent, in the same manner and method as 
lands are delivered upon writs of elegit in England, 

Sec. 3. Provided nevertheless^ That if the clear profits of p^q^^^q . ^^ 
such lands or tenements shall not be found, by inquest of rents and pro- 
twelve men, to be sufficient, within seven years, to satisfy the ^^s mil not 
debt or damages in such executions; or, if before the extent P-^^^j^* 
be out, any other debts or damages shall be recovered 
against the same debtor or defendant, his heirs, executors or 
administrators, which, with what remains due upon such 
extent, cannot all be satisfied out of the yearly profits of the 
lands or tenements, so extended within seven years ; then, and 
in every such case, the sheriff or other officer shall, accord^ 
'4ngly, certify the sacae upon th^ return of such ^xecutioi^x 



323 



JUDGMENTS AND EXECUTION^. 



Levari facias 
jna.j issue to 
seize other 
Jauds. 



Notice of sale 



Sheriff to en- 
dorse writ and 
jcive a deed. 



Sheriff's re- 
turn, when 
lands will not 
sell. 



Levari facias 
to issue. 



Command of 
Jthe writ. 

Iflandsfall 
short other 
executions 
may issue. 



whereupon a writ or writs of venditior>i exponas shall issue 
forth, to sell such lands and tenements, for and towards satis- 
faction of what shall remain due upon such extent; as also* 
towards satisfaction of all the rest of the said debts or dama- 
ges, in manner as is herein after directed, concerning the sale 
of other lands. 

• Sec. 4. It shall and may be lawful for the sheriff or other 
officer, by a writ of levari facias, to seize and take all other 
lands, tenements, and hereditaments in execution ; and there- 
upon, with all convenient speed, either with or vrithout any 
writ of venditioni exponas, to make public sale thereof, for 
the most they will yield; and pay the price or value of the 
same to the party towards satisfaction of his debt, damages 
and costs. But before any such sale be made, the sheriff or 
other officer, shall cause so m.any writings to be made upon 
parchment, or good paper, as the debtor or defendant shall 
reasonably desire or request; or. so many, without such re- 
quest, as may be sufficient to signify and give notice of such 
sales or vendues, and of the day and hour when, and the 
place where the same will be, and what lands or tenem.ents 
a^re to be so sold, and where they lie: v/hich notice shall be 
given to the defendant, and the said parchments or papers 
lixed by the sheriff, or other officers, in the most public places 
of the county, at least ten days before sale. And upon sucJ^ 
sale, the sheritT, or other officer, shall make return thereof, 
endorsed or annexed to the said levari facias; and give the 
buyer a deed, duly executed and acknowledged, in court, for 
what is sold. But in case the said lands and hereditaments, 
so to be exposed, cannot be sold; then the officer shall make 
return upon the writ, that he exposed such lands or tenements 
to sale, and the same remained in his hands unsold, for 
want of buyers: which return shall not make the officer lia- 
ble to answer the debt or damages contained in such writ; 
but the writ of levari facias shall, forthwith be awarded and 
directed to the proper officer, commanding him to deliver to 
the party such part or parts of those lands, tenements and 
hereditaments, as shall satisfy his debt, damages and interest^ 
from tiie time of the judgment given, with costs of suit, ac- 
cording to the valuation of twelve men; to hold to him as 
his free tenement in satisfaction of his debt, damages and 
costs, or so much thereof as those lands, by the valuation 
thereof as aforesaid, shall amount unto; and if it fall short, 
the party may afterwards have execution for the residue 
against the defendant's body, lands or goods, as the laws of 
this territory shall direct and appoint, from time to time, con- 
cerning other executions. All which said lands, tenements, 
hereditaments and premises, so as aforesaid to be sold or de* 
livered by the sheriff or officer aforesaid, with all their appur- 
tenances, shall or may be quietly and peaceably held and 
enjoyed by the person or persons, or bodies politic, to whom 



JUDGMENTS AND EXECUTIONS. 



32? 



the same shall be sold or delivered, and by his and their 
heirs, successors and assigns, as fully and amply, and for such 
estate and estates, and under such rents and services, as he 
or they, for whose debt or duty the same shall be sold or 
delivered, might, could or ought to do, at or before, the tak- 
ing thereof in execution. 

Sec. 5. Provided always, That the messuage, lands or Proviso: de- 
tenements upon which the defendant is chiefly seated, shalKendants' chief 
not be exposed to sale, before the expiration of one whole ^^^^ "^^j^^.^^^ 
year, after judgment is given; to the intent, that the defend- 
ant, or any other for him, may redeem the same. 

Sec. 6. Where default or defaults have been, or shall be. Remedy, for 
made- or suffered by any mortgagor or mortgagors of lands, ^^^^^J*^' °^ 
tenements, or other hereditaments within this territory; or*" & o • 
by his, her or their heirs, executors, administrators and as- 
signs, of or in payment of the mortgage money, or perform- 
ance of the condition or conditions which they or any of 
them, should have paid or performed, or ought to pay or 
perform, in such manner and form, and according to the pur- 
port, tenor and effect of the respective provisos, conditions 
or covenants, comprised in their deeds of mortgage or defea- 
sance, and at the days, times and places, in the same deeds, 
respectively, mentioned and contained; in every such case 
it shall and may be lawful to and for the mortgagee or mort- 
gagees, and him, her or them that grant the said deeds of de- 
feasance, and his or their heirs, executors, administrators or 
assigns, any time after the expiration of twelve months, next 
ensuing the last day whereon the said mortgage money 
ought to be paid, or other conditions performed, as afore- 
said ; to sue forth a writ or writs of scire facias ; which the 
clerk of the court of common pleas, for the county where 
the said mortgaged lands or hereditaments lie, is hereby em- 
powered and required to make out and despatch, directed t^) 
the proper officer; requiring him, by honest and lawful men 
of the neighborhood, to make known to the mortgagor or 
mortgagors, his, her or their heirs, executors or administra- 
tors, that he or they be and appear before the magistrates, 
judges or justices of the said court or courts, to shew, if any 
thing he or they have to say, wherefore the said mortgaged 
premises ought not to be seized and taken in execution, for 
payment of the said mortgage money, with interest; or to 
'satisfy the damages which the plaintiff in such scire facias, 
shall, upon the record, suggest for the breach or non-per- 
formance of the said conditions. And if the defendant in 
such scire facias appear, he or she may plead satisfaction or J^efendant 
payment of part, or all, the mortgage money, or any other "a^j^^nf. 
lawful plea, in avoidance of the deed or debt, as the case 
may require: but if the defendants in such scire facias will if defendant 
Bot appear on the day whereon the same writ shall be made do not appeaf 
^fcturnable, then, if the case be such as damages, only, are ^ i^^iuest 

2 S 



330 



JUDGMENTS A^D EXECUTIONS. 



shall enquire, to he recovered, an inquest shall be forthwith cliarged to- 

find judgment enquire thereof: and the definitive judgment therein, as welt 
be pronounc- __^n _i.i -.j ^ ^ i • '^ . v - r • 



Levari facias 
Baaj mue. 



Command of 
^e writ. 



as all other judgments to be given upon such scire facias, 
shall be entered, that the plaintiff in the scire. facias shall 
have execution, by levari facias, directed to the proper of- 
ficer: by virtue wherof, the said mortgaged premises shall 
be taken in execution, and expesed to sale, in manner afore- 
said; and, upon sale, conveyed to the buyer or buyers there- 
of, and the money, or price of the same, rendered to the 
mortgagee or creditor; but, for want of buyers, to be de- 
livered to the mortgagee, or creditor, in manner and form 
as is herein above directed, concerning other lands and here- 
ditaments to be sold or delivered upon executions, for other 
debts or damages. And when the said lands and heredita- 
ments shall be sold, or delivered, as aforesaid, the person or 
persons to whom they shall be sold or delivered, shall and 
may hold and enjoy the same, with their appurtenances, for 
euch estate or estates as they were sold or delivered, clearly 
discharged and freed from all equity and benefit of redemp- 
tion, and all other incumbremces made or suffered by the 
mortgagors, their heirs or assigns: and such sales shall be 
available in law: and the respective vendees, mortgagees, or 
creditors, their heirs and assigns, shall hold and enjoy the 
•same freed and discharged, as aforesaid. But before such 
sales be made, notice shall be given, in writing, in manner 
and form as is herein above directed, concerning the sales 
of lands upon executions; any law or usage, to the contrary 
notwithstanding. 

Sec. 7. Provided €1180," That when any of the said lands, 
tenements or hereditaments, which, by the direction and 
authority of this law, are to be sold for the payment of debts 
and damages, in manner aforesaid, shall be sold for more 
than will satisfy the same debts, or damages, and reasonable 
costs; then the sheriff, or other officer who shall make the 
sale, must render the overplus to the debtor or defendant; 
and then and not before, the said officer shall be discharged 
thereof, upon record, in the same court where he shall make 
return of his proceedings concerning the said sales. 
No nsvr estate ^Ec. 8. Provided also, That no sale or delivery which 
created by the shall be made, by virtue of this law, shall be extended to 
•ale. create any further term or estate to the vendees, mortga- 

gees or creditors, than the lands or hereditaments, so sold or 
delivered, shall appear to be mortgaged for, by the said re- 
spective mortgages or defeasible deeds. 
Proviso: re- Sec. 9. Provided also, That if any of the said judgments, 
versal of judg- which do or shall warrant the awarding of the said w rit of 
*"*^"d"thV° le <^X6^^^^'o^ whereupon any lands, tenements or hereditaments, 
have been or shall be sold, shall, at any time hereafter, be 
reversed for any error or errors ; then, and in every such 
case, none of the said lands, tqneraents or hereditaments, so. 



Orerplus, if 
any, to be 
tendered to 
fttortgagor» 



avoi 



JUDGMENTS AND EXECUTIONS. 351 

ais aforesaid taken or sold, or to be taken or sold upon execu- 
tions, nor any part thereof, shall he restored, nor the sheriff's, 
sale or delivery thereof avoided; but restitution, in such 
cases, shall be made only of the money or price for which sucb 
lands w€re or shall be sold. 



[.lidopied from Pennsyhania — published June 6, and. took effect 
August 15, nd5—Maxzceirsed. T. L. p, 62.] 

A law establishing courts of judicature. 

Sec. 18. Upon any judgment obtained in any of the said Executions 

courts of common pleas, and execution returned by the "if ^ ^^^*^^ *?. 
\ ur en .1 1 • J other counti«l 

slierin, or coroner, oi the proper county, vrnere sucii judg- 
ment was obtained, that the party is not to be found, or hath 
no lands or tenements, goods or chattels, in that county; and 
thereupon it is testified, that the party skulks, or lies hid, or 
hath lands, tenements, goods or chattels in another county, 
in this territory ; it shall and may be lawful to and for the 
court that issued out such execution, to grant, and they ara 
hereby required to grant an alias execution, with a testatum, 
directed to the sheriff, or coroner, of the county or place 
where such person lies hid, or where his lands or effects are; 
commanding him to execute the same, according to tha 
tenor of such writ or writs, and make return thereof to the 
court of common pleas where such recovery is had or judg« 
ment given. 



[Act of January 19^ 1S02, 1 sess, 2 G. A. T. p. 23.] 

An act regulitting executions. 

Sec. 1 . That the better to enable creditors to recover their Lands liabl« 
just debts, all lands, tenements and real estate, shall be lia- to executidb. 
ble to be levied upon and sold by execution, to be issued on 
judgments which hereafter may be recovered in any court of 
record within this territory, for the debt, damages and costs, 
due and owing on such judgments. 

Sec 2. That the lands, tenements and real estate of the Lands whe^ 
defendant, shall be bound and liable to the satisfaction of the ^^^^^^ ^y 
judgment from the first day of the term in which such judg-"*"^"^^"^ 
ment is obtained, and the goods, chattels and personal estate 
of the defendant shall be bound by, and be liable to, the satis- 
faction of the judgment, from the time of their being taken 
iij execution, by the sheriff or other officer, and not before* 



S32 'JUDGMENTS AKV EXECUtlONS; 

Executioa '5EC. 3, That when two or more executions on judgments 

troffi^^^^stT ll recovered, shall be issued against the goods, chattels, lands, 
be first satis- tenements and real estate, or against the goods and chattels 
led. only of the same person, except in the cases herein after ex- 

cepted, the writ of execution that is first delivered to the 
sheriff shall be first satisfied, and it shall be the duty of the- 
sheriff to endorse on every execution by him received, the 
day of the month, the month and the year that he received 
the same. 
When no pie- Sec. 4. That if two or more executions be delivered to 
ference shall the sheriff on the same day, against the same property of 
b# giren. ^j^g same defendant, no preference shall be given to either 
writ, but if in such case there be not property found sufficient 
to satisfy all the executions, the sum of money made shall 
be divided between the plaintiffs issuing such executions, in 
proportion to the amount of their several demands. 
No preference Sec. 5. That if two or more writs of execution be taken 
to be given to out against the lands, tenements and real estate of the same 
«uedwWn*^'^^^"^"^^'^*' ^"^ delivered to the proper officer within the 
ten days after term, or within ten days next after the close of the term in 
term. which the judgments are entered, on which such writs are 

issued, then no preference shall be given to either writ, but 
the money made, if not sufficient to satisfy all the said writs, 
shall be divided among the said plaintiffs in proportion to 
their several demands. 

Sec. 6. That any execution to be levied on lands, tene- 
csecutSn ^ ^lents or real estate, shall command the officer to whom it is 
against lands, directed, that of the goods and chattels of the party against 
whom it is issued, he cause to be made the monies contained 
in the said writ, and that for want of goods and chattels he 
cause the same to be made of the lands, tenements and re«l 
estate of the defendant, and the exact amount of the debt, 
damage and costs, shall be severally endorsed on the back of 
the execution. 
Ifnoffoods ^^^' '^' That it shall be the duty of the sheriff, immedi- 

nullabonato ately after receiving such writ, to levy on the goods and 
be endorsed, chattels of the defendant, to satisfy the monies contained in 
vfed upoil^" *^^ ^^^^ ^^i*' ^^"* if goods and chattels be rot found, it shall 
land. he the duty of the sheriff to endorse on the said writ, the 

words, nulla bona^ and forthwith to levy the said execution 
on the lands, tenements and real estate of the defendant, of 
which the said defendant was seized, at or after the first day 
« . of the term in which such judgment was obtained: Provided^ 

That judgments voluntarily confessed, in open court, shall 
not have a lien on lands, tenements or real estate, except 
from the day on which they are actually signed or en- 
tered. 
Levy for resi- Sec. 0, That if the goods and chattels levied upon as 
y"^ ^V^°t^' aforesaid, be not sufficient to satsify the whole of thel monies 
aufficient?^ Contained in the said writ or writs,' it shall be the duty of the 



JUDGMENTS AND EXECUTIONS. 333^ 

•aid officer to endorse on the said writ or writs the amount 
made of such goods and chattels, and nulla bona as to the 
residue, and forthwith to levy for the residue on the lands, 
tenements and real estate of the said defendant, according to 
the command of the said writ or writs, and in case goods and 
chattels he levied upon and returned as remaining in the of- 
ficer's hands, unsold for want of buyers, it shall be the duty 
of such ofiicer to return, Avith the writs, a true and perfect 
inventory of the goods and chattels so taken. 

Sec. 9. That the sheriff or other officer, who levies upon Notice to b^ 
^ny goods and chattels, shall, before he proceeds to sell the S'^en before 
same, cause public notice to be given of the time and place 
of sale, either by publishing the same in a gazette, printed 
within his county, or by advertising the same in three of 
the public places within his county, at least ten days before 
such sale, one of which advertisements shall be in the town- 
ship in which such sale is to be made ; and no lands, tene- 
ments or real estate shall be exposed to sale on any writ of ex- 
ecution, until public notice, by advertisement, shall have been 
given of the time and place of such sale, in some newspaper 
printed within the county, or in five public places within the 
county, two of which shall be in the township in which the 
said lands, tenements and real estate may lie, at least thirty 
days before such sale, and if any sale shall be made by the 
sheriff or other officer, in either case, without notice having 
been given as aforesaid, the officer making such sale, shall be 
liable to the action of the defendant and of every other person 
injured thereby. 

Sec. 10. That if execution be levied upon real estate that If real estate 
is improved and of a productive ntiture, and that will proba-i^ levied upon, 
bly yield clear annual profits and rents beyond all reprises, fic^enTto^pTr* 
sufficient to satisfy the judgment or judgments, with lawful debt in five 
interest, within five years, it shall be the duty of the officer years, inquest 
levying such execution, if required by the defendant, his ^^^^^ '^^ '^^^^" 
agent or attorney, to call an inquest of twelve men, and it 
shall be the duty of the said inquest, on oath, to return to the Duty of in- 
said officer, under their hands and seals, the clear annual ^"est. 
profits of the said lands, tenements and real estate, for five 
years then next to ensue, according to the best of their skill 
and judgment, upon view of the premises or other legal evi- ' 
dence, and if it shall appear by the said return, that the clear 
profits of such lands, tenements and real estate, will, within 
five years, satisfy and pay the judgment or judgments, with 
all legal costs and interest, it shall be the duty of the said 
officer forthwith to assign and deliver possession of the said Officer may 
lands, tenements and real estate to the plaintiff, for such a pe- deliver possea- 
riod of time as will fully discharge the said judgment or judg if°su9icient. 
ments, with interests and costs, at the rate specified in the 
said return; but if it shall appear by the return of the said 
inquest, that the said lands, tenements and real estate, will 



334 Jlft)GMENTS AWD EXECUTIONS. 

Ifnotsuffi- not be sufficient. In the possession of the plaintiff, to satisfy 
oient, officer's ti^gJQ^gfrjent or judgments, with interests and costs, within 
" ^ * the space of five years, or if before the said extent be out, any 

other execution be levied on the same lands, tenements and 
real estate which together with what may remain due upon 
such extent, cannot be satisfied out of the yearly profits of 
such lands, tenements and real estate, so extended, within 
five year? from the time of such levy, then it shall be the 
duty of the said officer, forthwith to advertise and sell the 
said lands, tenements and real estate in the same manner as 
if no such inquest had been required, and at the next terui 
to make a true return of all his said proceedings. 

Sheriff's deed Sec. 11. That the sheriff or other officer, who by such 
ae valid as ^yTit or writs of execution, shall sell the said lands, tenements 
i^btor^"^ or real estate, so levied upon, or any part thereof, shall make 
to the purchaser as good and sufficient a deed of conveyance 
for the lands, tenements or real estate, so sold, as the person 
or persons against whom such writ or writs of execution 
were issued, might or could have made for the same at or any 
time after the said lands, tenements and real estate became 
liable to the said judgment, which said deed shall vest in the 
said purchaser, as good and as perfect an estate in the pre- 
mises therein mentioned, as was vested in the said defend- 
ant, at or after the time when the said lands became liable to 
the satisfaction of the said judgment; and the said deed or 
conveyance, so to be made by the sheriff or other officer, 
shall recite the writ or writs, and the judgment or judgments, 
r^^^h^r^'*^^ ^^^^ substance thereof, by virtue whereof the said lands, 
Jie, ^ ^' tenements and real estate were sold as aforesaid, and shall 
be acknowledged or proved and recorded as is or may be re- 
quired by law to perfect the conveyance of real estate ia 
other cases. 

Deed may be Sec. 12. That if the sheriff or other officer, who hath 
executed by made or shall make sale of any lands, tenements or real 
omcer's sue- gg^^^^g^ ]yy virtue of an execution against the same, shall ab- 
scond or be rendered unable by death or otherwise, to make 
a deed of conveyance for the same, it shall be lawful for any 
succeeding sheriff, or other officer of the county^ on recei\^ 
ing a certificate from the court from which the execution 
issued, for the sale of the said lands, tenements or real estate, 
signed by the clerk or prothonotary, by order of the said 
court, setting forth, that sufficient proof hath been made to 
the said court, that such sale was fairly and legally made, 
and on tender of the purchase money, or if the purchase 
money, or any part thereof, be paid, then on proof of such 
payment and tender of the balance, if any be, to seal and 
dehver to the said purchaser or his legal representative, a 
deed or conveyance of the said lands^ tenements or real estate, 
10 gold, which deed shall be as good and as valid, and have 



JUDGMEKTS AND EXECUTIONS. 33S' 

ihe same effect as if the sheriff or other officer who made the 
sale, had executed the same m due form of law. 

Sec. 13. Thcit if on any sale, to be made as aforesaid, Surplus to be 
there shall remain an overplus of money, in the hands of the paifl to judg- 
sheriff or other officer, after satisfying the writ or writs of "'^"^ •^^^^^' 
execution, with interest and legal costs, then the said sheriff 
or other officer, shall pay over to the defendant, or his legal 
representative, such overplus, on demand. 

Sec. 14. That the purchaser, his heirs and assigns, shall furchaser t» 
hold the lands, tenements or real estate, by him or her P"i'-I|p.!i\!nsTo^th 
chased, as aforesaid, free and clear of all other judgments jufig^jentg, 
and recognizances whatsoever, on, or by virtue of which, ex-&c. 
ecution shall not have been taken out and levied on the lands, 
tenements and real estate so purchased. 

Sec. 15. That if any judgment, in satisfaction of which, Title of pur- 
eny lands, tenements or real estate, belonging to the defend- chaser not af- 
ant, hath or shall be sold, shall, at any time thereafter, ^^ y^v^^i Jj^^^^^ 
reversed, such reversal shall not affect or defeat the title of mcnt- 
the said purchaser, but in such case restitution shall be made 
only of the money for which such lands, tenements or real 
estate were sold, with lawful interest from the day of sale. 

Sec 16. That if any sheriff or coroner, shall refuse or officers liable 
neglect to execute any writ of execution, to him directed, for negloct. 
and which hath or shall come to his hands, or shall neglect 
or refuse to sell any goods, chattels, lands, tenements or real 
estate, according to the writs to him directed, and delivered 
for that purpose, or shall neglect to return a just and pei^ 
feet inventory of all and singular the goods and chattels bj 
him taken in execution, unless the said sheriff or coroner 
shall return that he hath levied the value of the debt, da- 
mages and costs, or shall neglect or refuse, on demand made 
for that purpose, to pay over to the plaintiff or his lawful 
agent or attorney, all monies by him received, for the use of 
the said plaintiff, at any time after receiving the same, he 
shall, on motion, in open court, be amerced in the amount of 
the said debt, damages and costs, to and for the use of the 
said plaintiff: Provided^ That three days notice shall be given Prcviso. 
the said sheriff or coroner by the plaintiff or his attorney, be- 
fore any motion shall be made for such amercement, which 
amercement shall be entered on the records of the court, and 
shall have the same force and effect as a judgment, v* hereupon 
execution in the name and for the use of the plaintiff or his 
legal representative, may, on motion, be awarded against the 
goods, chattels, lands, tenements and real estate of the said 
iheriff or coroner: Provided also, That nothing herein con- proTiso, 
tained shall prevent such plaintiff from proceeding against 
such sheriff or coroner, by attachment, according to law, at 
his election. 

Sec 1 7. That?if goods, chattels, lands, tenements and real 
estate cannot be found, whereon to levy sufficient to satisfy the 



33B 



JtJbCaiANTS AND EXECUTIONS* 



Goodsj lands, sum or sums of money contained in any writ or writs of exe- 
5^^^°^{f^;^"^ cution, it shall be lawful for the sheriff or other officer, and 



officer may 
levy upon 
mortgages 



Recorder's 
duty. 



Officer to as- 
sign and trans 
fer mortgage. 

EiTect of offi- 
cer's assign- 
ment or en- 
dorsement. 



he is hereby authorized and directed, to levy on any mort- 
gage, made or assigned to the defendant, and the same to in- 
ventory and sell, in like manner as goods and chattels; and if 
any mortgage so levied upon, cannot be found, it shall be 
the duty of the sheriff or other officer, to take a certified 
copy thereof from the records, which shall have the same 
force and effect as the original mortgage, and which the re- 
corder is hereby directed, on application, to furnish; and the 
said recorder shall note on the margin of the record, the day, 
month and year when such levy was made, and the right and 
property of the defendant in such mortgage shall cease from 
the time of such levy; and it shall be the duty of the officer 
selling such mortgage, to assign and transfer the same, and 
all the benefits and advantages thereof to the purchaser, and 
such endorsement shall have the same force and effect as if 
the same had been made by the defendant prior to the levy, 
and the endorsee or assignee shall have the same right of de- 
manding, prosecuting for, and receiving in his own name and 
for his own use, all monies due and demandable on such mort- 
gage, as the original mortgagee might or could have had ; 
and the sale and transfer of such mortgage, made as afore- 
said, shall bar the defendant from a recovery on any bond or 
other obligation for which the said mortgage was executed 
as a security, and such transfer may he pleaded in bar to any 
action or suit instituted by the defendant or his assignee on 
such bond or obligation: Provided^ That no sale shall be made of 
any mortgage whatever, until public notice, by advertise- 
ment, shall be given of the time and place of such sale, in 
some newspaper published in the county, or in five public 
places within the county where such mortgaged land is situa- 
ted, for at least thirty days: Andprovided^ That the purchaser 
shall not have recourse on the officer on account of such sale 
and transfer. 

Sec. 1 8. That it shall be the duty of the mortgager, on 

give notice to receiving actual notice of such levy, to give notice without 

paYraentr^"^ delay to the officer, of any payment or payments by him 

made on such mortgage; and on neglect or refusal so to doy 

Notice not such payment or payments shall not be an offset against such 

given no set- mortgage in the hands of the purchaser, but the money so 

paid may be recovered back from the defendant in an action 

for money had and received. 

Mortgager Sec. 1 9. That if the mortgager shall set up or claim credit 

claimingcred- fop any payment of which he shall fail in making clear and 

L'ldsuhfiTto satisfactory proof, or which shall be denied by the defendant, 

such claim, the mortgage shall be sold, subject to the claim of such 

credit or payment ; and the purchaser of any mortgage, sold 

as aforesaid, shall hold the same, subject to every offset to 

which it was subject in the hands of the mortgagee, except- 



l*rovisd: 



Proviso. 



Mortgager to 



JUDGMENTS ■A^'D EXECUTIONS* ,337 

ing onlv, such as may be barred by the eighteenth section of 
this act. 

Sec. 20. That no assignment or transfer of anv mortgage, No assign- 
made aftdr the passing of this act, shall have any force or ^^™^. |^^^}|^J® 
effect, unless such assignment be recorded within ninety ^.e^^ol.^ietl. 
days flfter the same shall be made, and a memorandum 
thereof be entered onthe margin of the record of such mort- 
gage. 

S£c. 21. That it shall be the duty of a person holding an Assignee to 
assignment of any mortgage, levied on as aforesaid, so soon»^^^"^^^^®^^ 
as such levy shall come to his knowledge, to give notice of 
the said assignment to the officer rhaking 'such levy; and if 
any persondiolding such assignment,' shall neglect or refuse 
to give tiie notice as herein required, such assignee shall 
forfeit all the right and benefit intended by such ass^ignment. 

Sec, 22. That the party at whose suit any person shall Paitydyingia 
stand charged inexecution for any debt or damages recover- execution new 
ed, his, her or their executors or admiiustrator,s, "may, after ^"^"^^^^^^'^'^* 
the death of the person charged and dying in. execution, law- 
fully sue forth and havener ex-ecution against the lands and 
tenements, goods and chattels, or any of them, of the person 
so deceased, in such manner a.nd form, to all intents and pur- 
poses, as he, she or they might have had, by the laws of the 
territory, had .the person never been taken and charged in 
execution: Provided ahvays^ Tha.t nothing in this section shall Proviso. 
be construed so as to authorize the party, his, her or their 
executors or administrators, at whose suit any person shall 
be in execution and die, to have execution against the lands 
or tenements of the person so dyings which shall at any time 
after his or her being taken or charged in execution, be by 
• him or her sold bona fide for the payment of just debts ; and the 
money which shall -be paid for the land so sold, either paid j 
or secured to be paid, to his ox her creditors. 

Sec. 23. That the law subjecting real estate to execution Laws repeal- 
for debt, adopted from the Pennsylvania code, and pubhsheded. 
at Cincinnati, the first day of June, one thousand seven hun- 
dred and ninety-five, so far as the same may relate to judg- 
ments to be entered after the passage hereof, be, and the 
same is hereby repealed : but for the purpose of satisfying all 
judgments which have heretofore been entered, the same 
shall be, and remain, in force, and for no other purpose 
whatsoever, any^thing in this act to the contrary notwith- 
standing. 



^T 



338 



JUDGMENTS AND EXECUTIONS. 



iands, Relia- 
ble to execu- 
tion. 



Kcal estate 

when bound 



fied. 



[Ad of Februanj 16, 1 805, 3 v. L. O. p. 69.] 

All act regrJatinj judgments and executions. 

Sec. 1. That all lands, tenements and real estate, shall be 
liable to be levied upon and sold \fy execution, to be issued 
on judgments which may hereafter be recovered in any court 
of record within this state, for the debt, damages and costs, 
due and owning on such judgments. 

Sec. 2. That the lands, tenements and real estate of the 
defendant, shall be bound and liable to the satisfaction of the 
fey judgment, judgment, from the first day of the term in which said judg- 
ment is obtained, and the goods, chattels and personal estate 
of the defendant, shall be bound by, and liable to, the 
satisfaction of the judgment, from the time of their being 
taken in execution by the sheriff or other officer, and not 
before* . 

E e ution ^^^' ^' That when two or more executions on judgments 

nrst levied to shall be issued against the goods,, chattels, lands, tenement* 
be first satis- and real estate, or against the goods and chattels only of the 
same person, except in the cases hereinafter excepted, the 
writ of execution that is first delivered to the sheriff shall 
be first satisfied, and the sheriff shall endorse on every, exe- 
cution by him received, the day of the month, the month and 
the year, that he received the same. 

Sec. 4. That if two or more executions be delivered to the 
sheriff on the same day, against the same property of the same 
defendant, no preference shall be given to either writ, but if 
there be not property found sufficient to satisfy all the execu- 
tions, the sum of money made shall be divided between the 
flaintiifs issuing such executions, in proportion to the amount 
of their several demands. 
No preference ^^^* ^' That if two or more writs of execution be taken 
to be given Out against the lands, tenements and real estate of the same ' 
defendant and delivered to the proper ofiicer within the term, 
or within ten days next after the close. of the term in whicli 
the judgment is entered, on which such writs are issued, 
then no preference shall be given to either writ, but 
the money made^ if not sufficient to satisfy all the said writs, 
shall be divided am.ongst the said plaintiffs in proportion to 
their several demands. 
Command of ^^^* ^' That any execution to be levied on lands, tenc- 
f n execution ments or real estates, shall com.mand the officer to whom it ift 
against lands, directed, that of the goods and chattels of the party against 
whom it is issued, he cause to be made the monies contained 
in the said writ, and that for want of goods and chattels, he 
cause the same to be made of the lands, tenements and real 
estate of the defendant, and the exact amount of the debt, 
damages and costs, shall be severally endorsed on the back 
of tho execution. 



Two execu- 
tions issued 
same day to 
have no pre- 
#Brence. 



when execu- 
tions issue 
within ten 
days of term 



JUDGMENTS AND EXECUTIONS. 339 

Sec. 7. That the sheriff shall immediately after receiving Sheriff's duty. 
'»uch writ, levy on the goods and chattels of the defendant, to 
satisfy the monies contained in the said writ, but if goods and 
chattels he not found, the sheriff shall .endorse on the said 
writ the words nulla boncf^ and forthwith, levy the said execu- 
tidn on the lands, tenements and real estate of the defendant, 
of which tlie said defendant w^as seized, at or after the first 
day of the term in\vhich said judgment was obtained; ■f^'O- provisov 
vuled, That judgments voluntarily confessed in open court, 
shall only have a lien on lands, tenements or real estate, from 
the day on which they are actually signed or entered. 

Sec. S. That if [the] goods and chattels levied upon as afore- KulJahmat^ 
said, be not sufficient to satisfy, the whole of the monies con- be endorsed 
tained in the said writ or writs, the said officer shall ^i^" ^^^^n^lands 
dorse on the said writ or writs the amount made of such goods 
and chattels, and nulla bona, as to the residue, and forthwith 
levy for the residue on the lands, tenements and real estate 
of the said defendant, according to the command of the said 
writ or writs; and in case goods and chattels be levied upon 
and returned as remaining in the officer's hands, unsold for 
want of buyers, such officer shall return with the writs a true 
and perfect inventory of the goods and chattels so taken. Notice of sa!* 

Sec 9. That the sheriff or other officer who levies upon «f lands to b€> 
any goods or chattels, shall, before he proceeds to sell the S*^^* 
same, ceruse public notice to be given of the time and place 
of sale, eitlier by publishing the same in a gazette, printed 
within his county, or by advertising the same in four of the 
most public places within his county, at least twenty days 
before such sale, two of which advertisements shall be in the 
township in which such sale is to be made, and no lands, 
tenements or real estate, shall be exposed to sale on any writ 
of execution, until public notice by advertisement shall have 
been given of the time and place of such sale, in some news- 
paper printed in the county, or in five public places within 
the county, two of which shall be in the township in which 
the said lands, tenements and real estate may lie, at least 
thirty days before such sale, and if any sale shall be mada 
by the sheriff or other officer in either case, without notice* 
having been given as aforesaid, the officer making such sale, 
shall be liable to the acti:on of the defendant, and of every 
other person injured thereby. 

Sec 10. That if execution be levied upon real estate that When estate 
is improved and of a productive nature,, and that will proba- will yield 
bly yield clear annual profits and rents, beyond all reprises, J^^*^^^^??J^°* 
sufficient to satisfy the judgment or judgments, with lawful an inquest ' 
interest, within seven years, the officer levying such execu-s^-'^llbecall- 
tion, if required by the defendant, his agent or attorney, shall ^^' 
call an inquest of twelve good and lawful men, and the said i„q„est to re- 
inquest, on oath, shall return to the said officer, under their turn, on oath, 
hands and seals^ the clear annual profit* of the said lands, ^^^^^^^^"^ 



340 jrDCMENTS AMD EXECUTIONS. 

teucments and real estate, for seven years then next to enl 
gue, according to the best of their skill and judgment, upon 
view of the premises and other legal evidence, and if it shall 
appear by the said return, that the clear profits of such lands, 
tenements and real, estate will, within seven years,* satisfy 
Sheriff's duty, and pay the judgment or judgments, with all legal costs and 
interest, the said ciScer forthwith shall assign ■and deliver 
possession of the said, lands, tenements and real estate, to the 
. plaintiff, for such time as v/ill fulty discharge the said judg- 
ment or judgments, with interest and costs, at the rate speci- 
fied in the 'said return, but if the plaintiff refuse to receive or 
accept the possession aforesaid, then it shall be delivered to 
any other person, who will secure the sum or sums aforesaid, 
to be paid in yearly instalments to the plaintiff, within the 
time limited; or if it shall appear, by the return of the said 
If profits in- inquest, that the said lands, tenements and real estate, will 
sufficient, offi- not be Sufficient to satisfy the judgment or judgments, with 
cer shall sell, interests and costs, within the space of seven years- or if be- 
fore the said extent be out, any other execution be levied on 
the same lands, tenements and real estate, which, together with 
what may remain due upon such extent, cannot be satisffed 
out of the yearly profits of such lands, tenements and real 
estate so e:^tended, within seven years from the time of such 
levy, then the said officer, forthwith shall advertise and sell 
the said lands, tenements and real estate, in the same man- 
ner as if no such inquest had been required, and at the next 
term, to make a true return of all his said proceedings: Pro- 
rrorisorlands ^{^^g^^ That the aforesaid jury of inquest shall (if the premises 
^o ^ e apprais- ^^^ found insufficient to extend, in manner aforesaid, to satis- 
fy the execution or executions that may have been levied on 
the same) value the same and make return thereof: Andpro- 
mi?sY«eU fo?"''"^^^^' ^^'^^^' That no lands, tenements or real estate, shall be 
two-thirds sold by virtue of any execution, unless such lands, tenements 
valuation. and real estate shall, at public auction, sell for not less than 
two-thirds of the valuation set on the same, by such inquest. 
Unproduc- Sec. 11. That if execution be levied on lands or real 

the lands to estate, that is not of a productive nature, it shall be the duty 
be appraised if ()f ^\^q ofiicef levying such execution if required by the de- 
quire it. ' fendant, his agent or attorney, to call an inquest of five good 
and lawful men, as is herein before directed, who shall re- 
turn, on oath, to the said ofiicer, under their hands and seals, 
an estimate of tiie real v^alue of said estate, according to the 
best of their skill and judgment, upon actual view of the 
premises, and the ofiicer, on receiving such return of thein- 
Tobearlvfr- quest, forthwith shall advertise and sell such real estate: 
tised and sold, p.^^.^^^^j^ j^ ,|^,,^1 ^,^]1 f^^, ^.^^ j^gg |.jj^j^ ^^.g half of the returned 

value by the inquest. 
Effect of Sec. 12. That the sheriffor other officer, who, by such writ 

suenii'sdced. orwrjts of execulions, shall sell the said lands^ tenements or 

real estate so levied upon, or any part thereof, shall maket® 



JUDGMENTS AND EXECUTIONS. 341 

the purchaser as good and sufficient a deed of conveyance, 
for the lands, tenements or real estate so sold, as the person 
or persons against whom such writ or writs of execution 
were issued, might or could have made for the same, at or 
any time after the said lands, tenements or real estate, 'be- 
came liai3le to the said judgment, which said deed shall vest 
in the said purchaser, as good and as perfect an estate in the 
premises therein mentioned, as was vested in the said de- 
fendant, at or after the time when the said lands became lia- 
ble to the satisfaction of the said judgment; and the said deed 
or conveyance so to be made by the sheriff or other officer, 
shall recite the writ or writs, and the judgment or judgments, 
or the substance thereof, by virtue whereof the said lands, 
tenements and real estate were sold as aforesaid, and shall 
be acknowledged, proved and recorded as is or- may be re-' 
quii^d by law, to perfect the conveyance of real estates in 
other cases. '" . Deed may be 

Sec. 13. That if the sheriff or other proper officer, who "^^^-^^.^^.^y 
hath made or shall make sale of any lands, tenements or real cessor. 
estate, by virtue of an execution against the same, shall ab- 
scond or be rendered unable, by death or otherwise, to make 
a deed of conveyance for the same, it shall be lawful for any 
succeeding sheriff or other proper officer, on receiving a cer- 
titicate from the court from w^iich the execution issued, for 
the sale of the said lands, tenements or real estate, signed by 
the clerk or prothonotary, by. order of the said court, set- 
ting forth, that sufficient proof hath been made to the said 
court, that such sale was fairly and legally made, and on ten- 
der of the purchase money, or if the purchase money or any 
part thereof be paid, then, on proof of such payment and 
tender of the balance, if any be, to seal and deliver to the 
said purchaser or his legal representative, a deed or convey- 
ance of the said lands, tenements or real estate, so sold, which 
deed .shall be as good and as valid and have the same effect, 
as if the sheriff or other officer, who mcrde the sale, had exe- 
cuted the same in due form of law. Overplus of 

Sec. 14. That if. on any sale to be* made as aforesaid, money to be 
there shall remain an overplus of money, in the hands o^ the ^JJJ^g^jJ*^ ^' 
sheriff or other officer, after satisfying the writ or writs of 
execution, wiUi' interest ard legal costs, then the said sheriff 
or other officer, shall pay over to the defendant or his legal 
representative, such overplus on <lemand. Purchaser to 

Sec. 15. That the purchaser, his heirs or assigns, shall hold against 
hold the lands, tenements or real estate, by him or her pur- other judg- 
chased as aforesaid, free and clear of all other judgruents and"^^^*^* 
recogiuzances whatsoever, on or by virtue of which, execu- 
tion shall not have been taken out and levied on the lands, 
tenements and real estates so purchased. Reversal of 

Sec. 16. That if any judgments, in satisfaction of which M^^^^^^^t^o^^ 
any lands, tenements or real estate, ]3elonging to the defend- ^ha^r'^ title' 



•345 



*Jt5DGMEXTS AND EXECUTfOSTS; 



Sheriff may be 
artierced for 
neglect. 



Froviso. 



Proviso » 



t'arty dying 
in execution 
a new one 
may issue 
a2:ainst lands 



Proviso. 



ant^, hath or shall be sold, shall, at any time thereafter be 
reversed, such reversal shall not affect or defeat the title of 
the said purchaser; but in. such case, restitution shall be 
made only of the money for which such lands, tenements or 
real estate were sold, with lawful interest from the day of sale. 

Sec. 17. That if any sheriff or coroner, shall refuse or 
neglect to execute any writ of execution to him directed and 
which Hath or shall have come to his hands, or shall neglect 
or refuse to sell any goods, chattels, lands, tenements or real 
estate, according to the writs to him directed and delivered 
for that purpose, or shall neglect to return a just and perfect 
inventory of all and singular the goods and chattels, by him tak- 
en in execution, unless the said sheriff or coroner shall return 
that he hath levied the value of the debt, damages and costs, 
or shall neglect or refuse, on demand made for that purpose, 
to pay over to the plaintiff or his legal- agent or attorney, all 
money by him received, for the use of the said plaintiff, at any 
time after receiving the same,he shall, on motion in open court, 
be amerced in the amount of the said debt, damages and 
costs, to and for the use of the said plaintiff: Provided^ That 
three days notice, in writing, shall be given to the said 
sheriff or coroner, by the plaintiff or his attorney, before any 
motion shall be made for such amercement, which amerce- 
ment shall be entered on the records of the court and shall 
have the same force and effect as a judgment; whereupon 
execution, in the name and for the use of the plaintiff, or his 
legal representative, may, on motion, be awarded against the. 
goods, chattels, lands, tenements and real estate of the said 
sheriff or coroner: Provided alsoy That nothing herein con- 
tained, shall prevent such plaintiff from proceeding against 
such sheriif or coroner, by attachment, according to law,- at 
his election. 

Sec. 18. That the party at whose suit any person may 
stand charged in execution, for any debt or damages recover- 
ed, his, her or their executors or administrators, may, after 
the death of the person charged and dying in execution^ 
lawfully sue forth and have new execution against the lands, 
and tenements, goods and chattels, or any of them, of the person 
so deceased, in such manner and form, to all intents and 
purposes, as he, she or they might have had by the .laws of 
the state, had the person never been taken and charged in 
execution: Provided ahjoaijs^ That nothing in this section shall 
be construed so as to authorize the party, his, her or their 
executors or administrators, at whose suit any person shall 
be in exvicution and die, to have execution against the lands 
or tenements of the person so dying, which shall, at any 
time after his or her being taken and charged in execution, 
be, by him or her sold, bona fide, for the payment of just debts, 
and.the money which shall he paid for the land so sold, either 
paid or received, to be paid to his or her creditors. 



.JUDGMENTS AND SXECtlTION'S. 343 

Sec. 10. That nothing in this act r ontained, shall in any wise Lands shall 
i?xtend to or affect the ;sale of lands by the state, for any debt Jj^,^*^^*] ^^^, 
or taxes dud thereto; but all lands in this state, the property gtate^ithout 
ofipdividiials, who may be indebted to the state, or any cor- extent or va- 
porate body, either for taxes or otherwise, shall be sold,luation. 
witliout extent or valuation, for the discharge of such debt 
or taxes, agreeably to the law or laws of this state in such 
case made and provided, any thing in this act to the contrary 
notwithstanding. 

Se€. 20. That the law, subjecting real estate to execution Laws and actt 
for debt, adopted from the Pennsylvania code and published '^^P^'^^^^^* 
at Cincinnati, the first day of June, one thousand seven hun- 
dred and ninety-five^ and an act, passed under the territorial 
government, the nineteenth day of January, one thousand 
eight hundred and two, so far as the same may relate to 
judgments to be entered, after the passage thereof, be, and 
the Siame is hereby, repealed: but for the purpose of satisfy- 
ing all judgments which have heretofore been entered, the 
same shall be and remain in force and for no other purpose 
whatsoever, any thing in this act to the contrary notwith* 
itanding. 



[Act ofFebrua}y.22, 1808, 6 v. L. O. p. 147.] 

An act to amend the act, entitled "An act regulating judgments and 
executions.'* 

Sec. 1. That if executions be levied on lands, tenements Lands to bt 
or hereditaments, the officer levying such execution shall appraised. 
call an inquest of five reputable freeholders, and the inquest 
shall, on oath or affirmation, return to said officer under their 
hands and seals, an estimate of the real value of said 
estate upon actual view of the premises within ten days after 
such view; and the said officer on receiving such return, 
shall forthwith deposit a copy thereof with the clerk of the 
€ourt where such writ issued, and immediately advertise and 
sell such real estate, agreeable to the provisions of the ninth 
flection of the above recited act: Prpinded^ That no tract ofp • 
land that has improvements thereon shall be sold for less than 
two-thirds, nor any tract of land, v/ithout improvement 
thereon for not less than one-half of the returned value by 
the inquest. 

Sec. 2. That the defendant shall have the previlege of Defsndant 
letting apart to the inquest at the time of the apraisement may select «, 
luch part of his real estate (if the whole is not necessary) as^^^^* 
he may choose: Provided^ The same be sufficient to dls- pj,Qyj,j, 
charge the amount of execution or executions and costs, 
agreable to the regulatioi;s of the preceding section. 



344 JUDGMENTS AND EXECUTIONS. 

Officer may Sec. 3. That any person taken by a writ of capias ad sa^ 
receive lands li^^facicnditm. shall be discharged by delivcrinp; to the officer, 
on a ca. sa. «^ . .r i ^ x * /y • ^ ^ 

serving trie same, real or persoBal property sutlicient to sa- 
tisfy the judgment and costs. 
This act to Sec. 4. Tliat nothing in this act contained, shall be so con- 

operate on strued as to afiect any judgment entered previous to the taking 
rereSteren- ^^^^^'^ ^^ ^^^^ act— but the same^ball be collected (if suit is 
tered. prosecuted thereon for the recovery thereof) in the manner 

pointed out in the act regulating -judgments and executions 
in force at the time such contract v/as entered into, any thing 
in this act to the contrary notwilbstandlBg. 
Summary re- Sec. 5. That whenever the sheriff or coroner shall have 
medy against collected any money upon execution, or shall neglect or re- 
sherirf. jCj^gg 1^ j^ Yiis duty as by any execution directeti, and shall be 

amerced upon motion agreeable lo the seventeenth section of 
the act to Y\^hich this is an amendment, the court are hereby 
required to render judgment for the amountof the execution 
and costs with twenty per cent, thereupon, and have the 
same enforced agreeable to the section aforesaid. 
Return of ex- Sec. 6". Tiiat the sheriffs and coroners shall return all ex- 
ecutions, ecutions, to them severally directed, to the court, to which 
the same is returnable, on or before the second day of the 
term to which they are made returnable, and the sheriff and 
coroner shall be liable to be amerced under the provisions of 
the .seventeenth section aforesaid, upon the party moving for 
judgment, filing one day's previous notice upon the records of 
the court, within which such motion is intended to be made. 
Part of act re- Sec. 7. That the tenth and eleventh sections of the act, 
pealed. entitled "An act regulating judgments and executions," 

passed February the six:teenth, one thousand eight hundred 
and five, be, and the same are hereby, repealed. 

This act to be in force from and after the first day of June 
next. 



[Act of January 25, 1810, 8r. L, O, p, 71.] 

An act regulating judgments and executions. 

Lands may be ^^c. 1. That all lands, tenements and real estate, shall be 
lold. liable to be levied upon and sold by execution, to be issued 

on judgments which may be hereafter recovered in any court 
of record within this state, for the debt, damages and costs, 
due and owing on such judgments. " 

Bound from ^^^' ^' Tiiat the lands, tenements and real estate of the 
1st day of defendant shall be bound and liable to the satisfaction of the 
term. judgment, from the first day of the term in which said judg- 

ment is obtained, and the goods, chattels and personal estate 
of the defendant, shall be bouiid by axid liable to the satis? 



JUDGMENTS AND EXECUTIONS. ZAo 

iaction of the judgnaent, from the time of their being taken 
in execution by the sheriff or other officer, and not before. 

Sec. 3. That when two or more execution* or judgments First e^cecu- 
shall be issued against the goods, chattels, lands, tenements ^io'^ (lelivered 
and real estate, or against the goods and chattels only of the^^^^j^j"^ ^*" 
same person, except in the cases iierein after excepted, the 
writ of execution that is first delivered to the sheriff shall be 
first satisfied, and the sheriff shall endorse on every execu- 
tion by him received, the day of the month, the month and 
the year, that he received the same. 

Sec 4. That if two or more executions be delivered to No preference 
the sheriff or other officer, on the same day, against the same ^? *^^<^ exccu- 
property, of the same defendant, no preference shall be ^^^^ ^ ^^^'^^ 
given to either writ; but if there be not property found suf- 
ficient to satisfy all the executions, the sum of money made 
shall be divided between the plaintiffs, issuing such execu- 
tions, in proportion to the amount of their several demands. 

Sec. 5. That if two or more writs of execution be taken No preference 
out against the lands, tenements and real estate of the same J^,*^^ »^^^" *® 
defendant, and delivered to the proper officer Vvitliin the tjons issued 
term, ot within ten days next after the close of the term within teo 
in which the judgment is entered, on which writs are issued, *^^y^* 
then no preference shall be given to either v»Tit, but the 
money made, . if not sufficient to satisfy all the said writs, 
shall be divided amongst the plaintiffs in proportion to their 
several demands. 

Sec G. That any execution to be levied on lands, tene- Command of 
ments or real estates, shall command the officer to whom it is execution, 
directed, that of the goods' and chattels of the party against 
whom it is issued, he cause to be made the monies con- 
tained in the said writ, and that for want of goods and cha^ 
tels, he cause tlie same to be made of the lands, tenements 
and real estate of tlie defendant, and the exact amount of the 
debt, damages and costs shall be severally endorsed on the 
back of the execution. 

Sec 7. That the sheriff or other officer, shall immediately sheriff shall 
after receiving such writ, levy on the goods and chattels of first levy on 
the defendant, to satisfy the monies contained in the said S^ods; if none, 
writ, but if goods and chattels be not found, the sheriff or/^6onafand ' 
other officer shall endorse on the said writ, the words nulla levy upon 
bona, and forthwith levy the said execution on the lands, 1^^^^- 
tenements and real estate of the defendant, of which the said 
defendant was seized, at or after the first day of the term in 
which said judgment was obtained, or so much as will satisfy 
the said execution and cost: Provided, That judgments vo- Proviso, 
lantarily confessed in open court shall only have a lien on 

2X5 



346 " JUDGMENTS ANt) EXECUTIONS. 

land?, teoements or real estate, from the day on which ther 
are actaallj signed or entered. 
Not sufficient Sec. 8. That if goods and chattels levied upon as aforesaid 
fcvy upon' ^^ ^^ "^^ sufficient to satisfy the whole of the monies contained, 
lands. ii^ the said writ or writs, the said officer shall endorse on the 

said w^rit or writs the amount made of such goods and chat- 
tels, and nulla bona as to the residue, and forthwith levy for 
the residue on the lands, tenements and real estate of the 
said defendant, according to the command of the said writ 
or writs; and in case goods and chattels he levied upon and 
returned as remaining in the possession of the officer, unsold 
for want of buyers, such officer shall return with the writ, a 
true and perfect inventory of the goods and chattels so 
taken ; and thereupon the plaintiff or plaintiffs may sue out 
his, her or their writ of venditioni exponas. 
Jfotice to be Sec. 9. That the sheriff or other officer, who levies upon 
given, ^^y gQQ^s QY chattels, shall, before he proceeds to sell the 

same, cause public notice to be given of the time and place 
of sale, either by publishing the same in a newspaper, printed 
within his county, or by advertising the same in four public 
places within his county, at least twenty days before such 
sale, two of which advertisements shall be in the township 
in which such sale is to be made; and no lands, tenements 
or real estate shall be exposed to sale on any writ of execu- 
tion, until public notice by advertisement shall have been 
given of the time and place of such sale, in some newspaper 
printed in the county, or in five public places in the county, 
two of which shall be in the township in which the said lands, 
tenements and real estate may lie, at least thirty days before 
such sale; and if any sale shall be made by the sheriff or 
other officer in either case, without notice having been given 
as aforesaid, the officer making such sale, shall be liable to 
the action of the defendant and of every other person injured 
Proviso, thereby: Provided^ That in all cases where execution is 

awarded against the principal and his bail, the property of 
the principal shall be first sold, both personal and real, to 
satisfy such judgment and cost of suit. 
Valuation to ^^<^' ^^* That if execution be levied on lands, tenements 
be retfirned or real estate, the officer levying such execution shall call 
""h^"^ ^w ^" hiquest of five reputable freeholders, and the inquest shall 
five freehold- ^^ ^^^^^ ^^ affirmation, return to said offxcer under their hands 
ers. and seals, an estimate of the real value of said estate, upon 

actual view of the premises, within ten days after such view ; 
and the said officer on receiving such return, shall forthwith 
deposit a copy thereof with the clerk of the court where 
such writ issued, and immediately advertise and sell such 
real estate, agreeable to the provisions of the ninth section 
Proriso. of this act: Proiidcd^ That no tract of land that has im- 

provements tlicreon, at the rate of ten acres per each hun- 
dred, shall be sold for kss than two-thirds, nor any tract of 



:rUDGMEXTS AND EXECUTIOK^S. .; ^47 

land without such improvements thereon, for less than one- 
halfof the returned vakie of the inquest. 

Sec. 11. That the defendant shall have the privilege of Defendant 
aetcing apart, to the sheritF or other officer, who maj have i«ay set apart 
an execution against him, or to the inquest, at the time ofj^^^j^"*^ ^^^ 
the appraisement, such part of his real estate as may be suf- 
ficient, and as near the value as may be, to satisfy such 
execution or executions, (if the whole is not necessary, as he 
may choose: Provided^ The same be sufficient to discharge p . 
the amount of the execution or executions and costs, agree- 
able to the regulations of the preceding section. 

Sec. 1 2. That each person, who has a family, shall hold the Property ex- 
following property exempt from all distresses, executions or^'"''^^^^*^'"^^' 
.sale for debt, or damages, to wit: one cow, three head of 
sheep, one spinning wheel, otic bed and bedding, and the 
usual and common wearing apparel of such family: Provided^ 
That nothing in this section contained, shall extend to any 
debt contracted before the taking effect of this act. 

Sec. 13. That any person taken by a writ of cop /as ftf? Property may 
satisfaneicdum, shall be discharged by delivering to the of-'^e^'^ceivedom 
ficer, serving the same, real or personal property sufficient^ ^^'^^" 
to satisfy the judgment and cost. 

Sec 14. That nothing in this act contained, shall be, so This act not 
construed as to affect any iadament entered previous to the^*^ aflect for- 
taking elfect of this act; but the same shall be collected ina^enti. 
the manner pointed out in the act or acts regulating judg- 
ments and executions, in force at the time such judgment 
was obtained; any thing in this act to the contrary notwith- 
standing: P/'oriVicfl^, Nothing in this section shall be construed Proviso. 
to extend to the act, entitled "An act to stay proceedings on 
executions for a limited time," passed the twentieth day of 
February, one thousand eight hundred and nine. 

Sec. 15. That the sheriff or other officer, who by such Sheriff to 
writ or writs of execution, shall sell the said lands, tene- make a deed* 
ments or real estate so levied upon, or any part thereof, and 
shall make to the purchaser as good and sufficient a deed of 
conveyance for lands, tenements or real estate so sold, as the 
person or persons against whom such writ or writs of execu- 
tion were issued, might or could have made for the same, at 
or any time after the said lands, tenements or real estate, . 
became liable to the said judgment; which said deed shall 
vest in the said purchaser, as good and as perfect an estate ^ * 
in the premises therein mentioned, as was vested in tha said 
defendant, at or after the tinac when the said lands became 
liable to the satisfaction of the said judgment; and the said 
deed or conveyance so to be made by the sheriff or other 
officer, shall recite the writ or writs and the judgment or 
judgments, or the substance thereof, by virtue whereof the 
said lands, tenements and real estate were sold as aforesaid, "V^'^l^-t shall be 
and shall be acknowledged or proved and recorded; as is, or^^^^^^ 



848 JUDGMENTS A!\rD EXECUTIONS. 

may be required by law, to perfect the conveyance of real 
estates in other cases. 
Sheriff's sue- ^^^* ^ ^* That if the sheriff or other proper officer, who hath 
cessortomiikemade or shall hereafter make sale of any lands, tenements or 
t\e^]. real estate, by virtue of an execution against the same, shall 

abscond or be rendered unable, by death or otherwise, to 
make a deed of conveyance for the same, it shall be lawful 
for any succeeding sheriff or other proper officer, on receiv- 
ing a certificate from the court from which the executioa 
issued, for the sale of the said lands, tenements or real estate, 
signed by the clerk, by order of the said court, setting forth 
that sufficient proof hath been made to the said court that 
such sale was fairly and legally made, and on tender of the 
purchase money, or if the purchase money or any part thereof 
be paid, then on proof of such payment and tender of the 
balance, if any be, to sign, seal and deliver to the said pur- 
chaser or hi* legal representative a deed of conve}ance of 
the said lands, tenements or real estate so sold; which deed 
shall be r„s good and as valid, and have the same efiect as if 
the sheriff or other officer, who made sale, had executed the 
same in due form of law. 
Sheriff to pay Sec. 17. That if on any sale to be made as aforesaid, 
overpl«stode> there shall remiain an overplus of money in the hands of the 
fendaiit. sheriff or other officer, after satisfying the writ or writs of 

execution with interest and legal costs, then the said sheriff 
or other officer shall pay over to the defendant or his legal 
representative, such overplus, on demand. 
Lands to be Sec. 18. That the purchaser, his heirs or assigns, shall 
held by pur- I^q]^ the lands, tenements or real estate, by him or her pur- 
former e^xecu* ^^^s^d ^s aforesaid, free and clear of ail other judgmicnts and 
lions, recognizances whatsoever, on or by virtue of vvhich, execu- 

tion shall not have been taken out, prior to the date of the 
writ or writs levied on the lands, tenements and real estate, 
so purchased, except as herein before excepted. 
Reversal of Sec. 19. That if any judgment or judgments, in satisfac- 
Judgment not tion of which, any lands, tenements or real estate belonging 
(oaffectsale. ^^ ^j^^ defendant, hath or shall be sold, shall at any time 
thereafter, • be reversed, such reversal shall not atlect or 
defeat the title of the said purchaser; but in such case, resti- 
tution shall be made of the money for which such lands, 
tenements or real estate were sold, with lawful interest from 
the day of sale, together with all damage's sustained by the 
defendant, by reason of such improper sale or sales. 
When sheriff Sec. 20. That the sheriff or other officer, to whom any 
shall make re- writ or writs of execution shall be directed, shall return such 
turn. ^^j.jt or ^vrits of execution, to him directed, to the court to 

which the same is returrable, on or before the second day of 
the term, to which it or they is or are made returnable. 
Sheriff liable Sec. 21. That if any sheriff or other proper officer, shall 
lor neghgcnce refuse or neglect to execute any \yrit of execution to him 



JUDGMENTS AND EXECUTIONS. 349 

directed, and which hath or shall come to his hands, or shaB 
neglect or refuse to sell any goods, chattels, lands, tenements 
or real estate; or shall neglect to call an inquest of five 
reputable freeholders, and return a copy thereof to the 
<lerk's office as- provided in the tenth section of this act; or 
shall neglect to return any writ of execution, to him directed 
to the court, to which the same is returnable, on or before 
the second day of the term to which the same is made re- 
turnable, as provided in the twentieth section of this act; or 
^hall neglect to return a just and perfect inventory of all 
and singular the goods and chattels by him taken in execu- 
tion, unless the said sheriff or other officer shall return, that 
he hath levied the value of the deht, damage and cost; or 
shall neglect or refuse on demand made for that purpose, to 
pay over to the plaintiff or his legal agent or attorney, all 
money by him received, for the use of the said plaintiff, at 
any time after receiving the same ; or shall neglect or refuse 
on demand made for that purpose, to pay over to the defend- 
ant or his legal agent or attorney, all money by him received, 
on any sale made as aforesaid, more than sufficient to satisfy 
die writ or writs of execution, wiih interest and legal cost, 
as provided in the seventeenth section of this act, he shall, 
on motion in open court, be amerced in the amount of said u 

debt, damagfe and cost, with ten per cent, thereupon, to and 
for the use of the said plaintiff or defendant, as the case may 
he: Provided, That three days notice in writing shall be given Pro-viso. 
to the said sheriff or other officer, if he is to be found in the 
county, by the plaintiff or his attorney; or if said sheriff or 
other officer is not to be found in the county, upon the party- 
moving for such amercement, filing three days' notice upon 
the records of the court, within which such motion is intend- 
ed to be made, and causing proclamation to be made at the- 
door of the court-house three times on each of those days of 
such intended motion, before any motion shall b^ made of 
such amercement; which amercement shall be entered on 
the records of the court, and shall have the same force and 
effect as a judgment: whereupon, execution in the name and 
for the use of the plaintiff or his legal representative, or in 
the name and for the use of the defendant or his legal repre- 
sentative (as the case may be) may, on motion, be awarded 
against the body or the goods, chattels, lands, tenements and 
real estate of such sheriff or other officer: Provided also^ That 
nothing herein contained, shall prevent such plaintiff or 
defendant from proceeding against such sheriff or other ol- 
ficer, by attachment, according to law, at his election. 

Sec. 22. That the party at whose suit any person may When party- 
stand charged in execution, for any debt or damage recover- ^}^^ ^^ execu- 
ed, his, her or their executors or administrators may, after ^^"' ^^^g^^ 
the death of the person charged and dying in execution, 
Jawfally sue forth and have new execution against the iandij 



S50 JUDGMENTS AND EXECUTIONS. 

tenements and real estate, goods and chattels, or any of therti, 
of the person so deceased, in such manner and form, to all 
intents and purposes, as he, she or they might have had by 
the lav/s of the state, had the person never been taken and 
Psoviso. charged in execution: Provided alwai/s, That nothing in this 
section shall be construed so as to authorize the party, his, 
her or their executors or adminstrators, at whose suit any 
person shall be in execution and die, to have execution 
against the lands, tenements or real estate of the person so 
dying, which shall, at any time before or after his or her be- 
ing taken and charged in execution, be, by him or her sold, 
bona. fide, for the payment of just debts, and the money which 
shall be paid for the land so sold, either paid or received, to 
be paid to his or her creditors. 
This act not Sec. 23. That nothing in this act contained shall in any 
to afiect the wise extend to affect the sale of lands by the state for any 
state. j^Ij^ qj. ^axes due thereto ; but all lands in this state, the pro- 

perty of individuals, who may be indebted to the state, either 
for tax or otherwise, shall be sold v> ithout extent or valua- 
tion, for the discharge of such debts or taxes, agreeably to 
the law or laws of this state, in such case made and provided ; 
any thing in this act to the contrary notwithstanding. 
Actsrepealed. Sec ^. That the act, entitled "An act regulating judg- 
ments and executions," passed the sixteenth day of February, 
Anno Domini^ one thousand eight hundred and five, and the 
act, entitled "An act to amend the act, regulating judgments 
and executions," passed the twenty-second day of February, 
Anno Domini^ one thousand eight hundred and eight, be, and 
they are hereby, repealed. 
Effect. This act shall take effect, and be in force, from and aftef 

the first day of June next. 

Note.— The act of February 4, 1807 (took effect June 1, 5 v. p. 100, 
section 9) of February 16, 1810, (took effect May 1 , 8 v. p. 290, section 92) 
of February 23, 1816, (took effect June 1, 14 v. p. ^27, section 46) and of 
Februaiy 18, 1824, (took effect June 1, 22 v. p. 58, section 44) severally 
contain provisions for the issuing execution from the court of the count j 
vi^here judgment is rendered, directed to the sheriff of any other county in 
the state. The first named act is repealed by the second, the second by the 
third, &c. 

Act of January CI, 1816— took effect May 1, 14 v. p. 171. Repeals 
the act of January 25, 1810, and of February 6, 1812, so far as the same 
relate to judgments afterwards obtained. 

Act of February 24, 1820 — took effect (except as to valuation and sale of 
goods and chattels) June 1, 18 v. p. 179. This act relating to judgments 
and executions, repeals the act of January 25, 1810, the amendatory act of 
February 6, 1812 and the act of January 31, 1816, as far as they relate to 
future judgments. 

Act of January 29, 1821, 19 v. p. 102. Lands held by permanent lease* 
may be levied upon and sold in the same manner as real estate on exe- 
cution. Amendatory act, December 26, 1821, 20 v. p. 6. 

Act of February 2, 1821— took effect March 1, 19 v. p. 148. Mort- 
gages, trust estates, &c. of banks may be sold on execution 

Act of February 1, 1822— took effect June 1, 20 v. p. 68. This act re 
peals the act of February 24, 1820 and all acts regulating judgments ajod 
•executions, coming within its purview. 



JUDOJyiENTS AND EXECUTIONS. 35 1 

Act of Febniay 4, 1822, 20 v. p. 65. Where no goods, lands, fee. courf, 
on bill filed, may decree sale of equitable interestsand mortgagee's claim, 
interest, &c. in lands, to satisfy judgment. The act of January 22, 1824, 
(took effect June 1, 22 v. p. 85, sections 56 — 7) contains a like provision 
and repeals act of February 4, 1 822. 

Actof January 18, 182^, L. L. 1822—3, p. 20. This act relates to the 
judgment which the stat" obtained against J. Matthews. 

Act of February 4, 1824, 22 v. p. 108— took effect June 1 . This act re- 
peals the act of February 1, 1822 and all other acts within its purview. It 
seems to operate upon all judgments whether prior or subsequent to its 
passage. 

Act of January 25, 1824, 22 V. p. 362. Mortgages, trust estate, &c. of 
banks may be sold. Acta of February 2, 1821 and Februarys, 1822, re- 
pealed. 



jHotta^S^Ksr. 



[Act of January 20, 1802, 1 sess. 2 G. A. T. p, 154.} 

An act providing for the recovery of money secuTed by mortgage. 

Scire facias Sec. 1. That if any person or persons, who heretofore 

may issue up- hath or have, or who hereaftei* shall execute and delivev 
OB mortgages. ^^^ mortgage for securing the payment of any sum or sums 
of money, hath or shall neglect or refuse to pay to the mort- 
gagee or mortgagees, his or their heirs, executors, adminis- 
trators or assigns, all monies due and owing, and which such 
mortgage was intended to cover and secure, according to 
the covenants and conditions contained in such mortgage, it 
shall and may be lawful for such mortgagee or mortgagees, 
or for his, her or their heirs, executors, administrators or 
assigns, at any time after the last day whereon such sum or 
sums of money hath or shall become due and payable, ac- 
cording to the conditions and covenant of the said mort- 
gage, to sue out a writ or writs of scire facias against the 
said mortgagor or mortgagors, or his, her or their heirs, 
executors or administrators; which the clerk of the general 
court or the prothonotary of the court of common pleas for 
the county in which the premises so mortgaged may be situ- 
ate, is hereby authorized, and on application for that pur- 
pose, required to issue, directed to the proper officer, com- 
SS^U^"^ ^^ manding him, that by good and lawful men of his bailiwick, 
he make known to the defendant or defendants in such writ, 
that he, she or they be and appear before the court, to shew 
cause, if any there be, why the said mortgaged premises 
ought not to be taken in execution and sold, to satisfy the 
money due and owing, according to the conditions and 
Upon plea, covenants contained in such mortgage; and upon the return 
trial may be ^f ^^^ ^^^y^ facias^ it shall ])e lawful for the defendant or 
defendants to come in and plead payment or satisfaction of 
all or any part of the money demanded by the plaintiff or 
plaintiffs, or any other legal plea in bar or avoidance of the 
deed or money thereon demanded, as the case may require, 
and thereon the parties shall proceed to issue and trial, as in 
l-roviso. other cases. Provided always, That no scire facias shall be 

issued on any mortgage executed prior to the passing of this 



MORTCAGfeSi' c3 

act, until the expiration of twelve months from the last day 
on which the sum or sums of monej therein mentioned shall 
become due and payable. 

Sec. 2. That if the defendant or defendants In such writ judgment by 
of scire facias^ on being returned summoned, or on two writs default for 
of scire facias being returned nihil^ shall not appear, then no"-appear- 
judgment, by default, shall be entered, and the court shall fentj.^nt. 
proceed, according to law, to assess the damages and to en- (-q^j.^ to assess 
ter final judgment thereon, on which a writ of levari facias damages. 
may issue, by virtue whereof the mortgaged premises shall Levari facias 
be taken in execution and exposed to sale, or so much there- J^^^J issue and 
of as will satisfy the money thereon due; and the same no-_^". ^^ ' 
tice shall be given of the time and place of such sale, as is „^^^^^ *^ ^ 
or may be required, by law, for the sale of other real estate *" 
taken in execution; and it shall be the duty of the officer Officer to 
making such sale, to execute a deed to the purchaser for then^^'^^e a deed, 
premises so sold, which deed shall vest in the purchaser all 
the right, interest and title of the defendant, and the pur- 
chaser shall thereafter hold the said premises freed and dis- 
charged from all equity and benefit of redemption of such 
mortgagor; and it shall be the duty of such officer making 
such sale, after satisfying the judgment, to return the over- 
plus of the purchase money, if any there be, to the defend- 
ant. 

Sec. 3. That if the mortgaged premises, so taken in exe- Rggi^jug ^f 
cution, do not sell for a sum of money sufficient to satisfy the judgment 
said judgment, then the residue of the said judgment so re- deemed a debt 
maining unsatisfied, shall be deemed and taken to be a debt^ ^^^° * 
of record, on which the plaintiff or plaintiffs may issue a 
writ or writs of scire facias and proceed thereon to }^^§- ^^^ (ss^^ 
ment and execution as in other cases: Provided always, '^^^*' Proviso 
the sheriff or other officer executing a deed by virtue of the 
directions herein contained, shall not be bound to warrant 
and defend the right or title of the property so as aforesaid 
sold and conveyed. 

Sec. 4. That nothing herein contained shall affect the Purchasers? 
Fight of any person or persons who may set up a claimi:o ^S^^^ ^^^ed. 
such mortgaged premises, by purchase from or under the 
mortgagor or otherwise, and wliich claim, in law, shall -be Claimant may 
paramount to the lien of such mortgage, nor shall any thing ^f ^^^ g^^^^ 
herein contained be construed to prevent such claimant from defence the 
availing himself of any defence that the mortgagor might ^'i^^^S^oOr 
or could have set up in bar or discharge of such mortgage, ^ * 
or of any fraud or collusion between the mortgagor and the 
mortgagee. 



W 



3^4 MORTGAGES. 

[Ad of February 12, 1805, 3 r. L. O, p, 185.] 

An act providing for the recovery of money secured by mortgage. 

Mortgagees Sec, 1. That if any person or persons, who hereaftei'. 

may sue out a shall execute and deliver any morteaffe for securing the 

scire facias, • r •^^■^^ i.t in 

payment oi any sunn or sums oi mono}', hath or shall 

neglect or refuse to pay to the mortgagee or mortgagees, 
his or their heirs, executors, administrators or assigns^ 
all monies due and owing, and which such mortgage was in- 
tended to recover and secure, according to the covenants and 
conditions contained in such mortgage, it shall and may be 
lawful for such mortgagee or mortgagees, or for his, her or 
their heirs, executors, administrators or assigns, at any time, 
after the last day whereon such sum or sums of money hath 
or shall become due and payable, according to the conditions 
and covenants of the said mortgage, to sue out a writ or 
writs of scire facias^ against the said mortgagor or mortgagors^, 
or his, her or their heirs, executors or administrators, which 
the clerk of the supreme court or the clerk of the court of 
Common pleas, for the county in which the premises so mort- 
gaged, may be situated, is hereby authorized, and on appli- 
cation for that purpose, required to issue, directed to the 
Command of prop^J* officer, commanding him, that, by good and lawful 
writ. men of his bailiwick, he make known to the defendant or de- 

fendants in such writ, that he, she or they be and appear be- 
fore the court, or shew cause, if any there be, why the said 
mortgaged premises should not be taken in execution and 
sold, to satisfy the money due and owing, according to the 
conditions and covenants contained in such mortgage; and 
upon the return of the scire facias^ it shall be lawful for the 
defendant or defendants to come in and plead payment or 
satisfaction of all or any part of the money demanded by the 
Defendant plaintiif or plaintiffs, or any other legal plea in bar, or avoid- 
pleading pay- ance of the deed or money thereon demanded, as the case 
btThad*"^^ ^^ ^^y require, and thereon the parties shall proceed to issue 

and trial, as in other cases. 
After service, Sec. 2. That if the defendant or defendants, in such writ of 
^heontevldhY ^^^'^'^'f^^^^^'> ^" ^^ing returned summoned, or on two writs of 
default. scire facias returned niliil^ shall not appear, then judgment, 

by default, shall be entered, and the court shall proceed, ac- 
cording to law, to assess the damages and to enter final judg- 
Lcrari facias ment thereon, on which a writ of levari facias may issue, by 
to issue. virtue whereof, the mortgaged premises shall be taken in 

execution and disposed of in the same manner and under the 
same regulations that lands and tenements are or may be, by 
law, disposed of, for the satisfaction of judgments. 
Residue a Sec. 3. That if the mortgaged premises so taken in cxe- 

debtoCrecord. (.y^j^j^^ ]yQ ^ot sufficient to satisfy the said judgment, then the 
residue of said judgment, so rcmainiDg unsatisfied, shall be 



AIORTGAGES. 355 

deemed and taken to be a debt of record, on which tlie plain- 
tiffor plaintiffs may issue a writ or writs of scire facias^ and 
proceed thereon to judgment and execution, as in other 
cases: Provided, That the slieriff or other officer executing Proviso. 
a deed by virtue of the directions herein contained, shall not 
be bound to warrant and defend the right or title of the pro- 
perty so as aforesaid sold and conveyed. 

Sec. 4. That nothing herein contained shall affect the Paramount 
right of any person or persons who may set up a claim to such "^^^^ saved, 
mortgaged premises, by purchase from or under the mort- 
gagor or otherwise, and which claim, in law, shall be para- 
mount to the lien of such mortgagee, nor shall any thing con- 
tained herein be construed to prevent such claimant from 
availing himself of any defence that the mortgagor might or 
could have set up in bar or discharge of such mortgage, or 
of any fraud or collusion between the mortgagor and mort- 
gagee. 

Sec. 5. That an act, entitled "An act providing for the Act repealed, 
recovery of money, secured by mortgage," be, and the same 
ji5 hereby, repealed. 

This act shall commence, and take effect, from and after Effect, 
the first day of June next, 



[Act ofJanaury 20, 1807, 5 r. L, O, p. 88.] 

An act supplementary to an act, entitled "An act for the recovery of money 
secured by mortgage." 

[Sec. 1.] That all money secured by mortgage, executed Proceedings 
prior to the taking effect of the act now in force, entitled "An on mortgages 
act for the recovery of money secured by mortgage," be, and acts?"^ ^^^^' 
the same is hereby made recoverable in the same manner 
that money secured by mortgage was made recoverable by 
the laws in force at the time such mortgage was executed; 
any law, usage or custom to the contrary notwithstanding. 



[Act of January 2, 1810, 8 r. L. O. p. 4.] 

An act providing for the recovery of money secured by mortgage. 

Sec 1 . That if any person or persons shall hereafter exe- sdrcfada^ 
cute and deliver any mortgage for securing the payment ofmayissuc^J 
any sum or sums of money, hath or shall neglect or refuse 
to pay to the mortgagee, or mortgagees, his or their heirs, 
executors, administrators or assigns, all monies due and ow- 
ing, and which such mortgage was intended to cover and 
secure, according to the covenants and conditions in such 



MB 



MORTGAGES. 



Command of 

writ. 



plea may be 
filed and trial 
had. 



Judgment by 
default may 
be entered. 



Levftri facias 
io issue. 



Residue a 
debtofrecord 



"ffoviso. 



Paramount 
claims pro- 
tected. 



mortgage, it shall and may be lawful for such mortgagee or 
mortgagees, or for his, her or their heirs, executors, admi- 
nistrators or assigns, at any time after the last day, whereon 
such sum or sums of money hath, or shall become due and 
payable, according to the conditions and covenants of the 
said mortsfage, to sue out a writ of scire facias, against the 
said mortgagor, or mortgagors, or his, her, or their heirs, 
executors 6r administrators, which the clerk of the supreme 
court, or the clerk of the court of common pleas for the 
county in which the premises so mortgaged may be situated, 
is hereby authorized, and on application for that purpose, 
required to issue, directed to the proper officer, commanding 
him, that by two good and lawful men of his county, he 
make known to the defendant or defendants in such writ, 
that he, she or they, be and appear before the court to shew 
cause, if any there be, why the said mortgaged premises 
should not be taken in execution and sold to satisfy the mo- 
ney due and owing according to the conditions and cove- 
nants contained in such mortgage; and upon the return 
of the scire facias, it shall be lawful for the defendant or 
defendants to come in and plead payment or satisfaction for 
all or any part of the money demanded by the plaintiff or plain- 
tiffs, or any other legal plea in bar, or avoidance of the deed 
or money thereon demanded, as the case may require, and 
thereon the parties shall proceed to issue and trial as in 
other cases. 

Sec. 2. That if the defendant or defendants in such writ 
of scire facias, on being returned summoned, or on two writs 
of scire facias returned nihil, shall not appear, then judgment 
by default shall be entered, and the court shall proceed, 
according to law, to assess the damages and to enter final 
judgment thereon, on which a writ of levari facias may issue, 
by virtue whereof the mortgaged premises shall be taken in 
execution, and disposed of in the same manner and under 
the same regulations that lands and tenements are, or may 
be by law disposed of, for the satisfaction of judgments. 

Sec. 3. That if the mortgaged premises so taken in exe- 
, cution be not sufficient to satisfy the said judgment, then the 
residue of said judgment so remaining unsatisfied, shall be 
deemed and taken to be a debt of record, for which the 
plaintiff or plaintiffs, may issue a writ or writs oi scire facias 
and proceed thereon to judgment and execution, as in other 
cases: Provided, That the sheriff or other officer executing 
a deed by virtue of the directions herein container, shall 
n t be bound to warrant and defend the right or title of the 
property so as aforesaid sold and conveyed. 

Sec 4. That nothing herein contained shall affect the right 
of any person or persons who may set up any claim to such 
mortgaged premises, by purchase from or under the mort- 
gagor or otherwise, cind whicli claim, in law, shall be para- 



MORTGAGES* 357 

mount to the claim of such mortgagee, nor shall any thing 
contamed herein be construed to prevent such claimant from 
availing himself of any defence that the mortgagor might or 
could have set up in bar or discharge of such mortgage, or 
of any fraud or collusion between the mortgagor and mort- 
gaojee. 

Sec. 5. That all money secured by mortgage executed T*^"^^'" '^?^* 
prior to the taking effect of this act for the recovery of mo- ^^th mortga- 
ney secured by mortgage, be, and the same is hereby made ges executed, 
recoverable in the same manner, that money secured by 
mortgage was made recoverable by the laws in force at the 
time such mortgage was executed ; any law, usages or cus- 
toms to the contrary notwithstanding. 

Sec. 6. That an act, entitled "An act providing for the ^^ts repealed, 
recovery of money secured by mortgage," passed the 1 2th 
day of February, 1805, and an act supplementary to an act, 
entitled "An act for the recovery of money secured by mort- 
gage," passed January the 20th, 1807, are hereby repealed. 

This act shall take effect, and be in force, from and after Effect 
the first day of May next. 



©uttpntna euitnant^* 



Persons hoM- 
ing lands by 
record title, 
&c. not liable 
for rents and 
profits in case 
of eviction. 



Proviso. 
Proviso. 



Commission- 
ers to be ap- 
pointed to V8 
lue improve- 
ments. 

Their duty. 



{Ad of February/ 16, 1801, 8 v. L. O, p. 116.] 
An act for the relief of occupj'ing claimants of land. 
(Preamble,) 

Sec. 1. That all and every person who may be hereafter 
evicted from any land for which he can shew a plain and con- 
nected title in law or equity, derived from records of some 
public office, without actual notice of adverse title in hke 
manner directed from record,shall be free and exempt from al! 
and every suit, action or prosecution of any kind or nature whai- 
«oever, for, or on account of rents, profits, damages or tres- 
passes which shall have been done, accrued or incurred in 
consequence of such improvements on such land, done prior 
to the receipt of actual notice of such adverse claim, by wliich 
such eviction may be affected: Provided^ That such persons 
shall have obtained peaceable possession of such land: Pro- 
vided also, That nothing herein contained shall extend to 
affect the right of any infant, insane person, or feme coverts, 
until one year after such disability shall have been removed. 

Sec. 2. That the court who may pronounce and give 
judgment of eviction, either in law or equity, shall at the 
request of either party, nominate five persons commissioners* 
and three of whom shall have power, and it shall be their 
duty, to go on the land in question, and after viewing the pre- 
mises, to assess the value of all lasting and valuable improve- 
ments that may have been made thereon by such occupying 
claimant, prior to the receipt of actual notice of an adverse 
claim ; and in assessing the value of such improvements^ the 
commissioners shall take into view all damages the land may 
have sustained by the commission of any kind of waste, or by 
the reduction of the value of the soil by cultivation, or damages 
othcrwise;;,sustained or done by such occupying claimant prior 
to actual notice of an adverse claim, and then subtract the 
■same from the estimate value of such improvements, which 
assessment or valuation shall be signed and sealed by such 
commissioners, or a majority of them, and shall be by them 
deposited with the clerk of that court by whom they were 
appointed, before the next term thereof; and the court at 



XXCCUPYING CLAIMAifTS. 359 

such next term after the assessment made and returned as 
aforesaid, shall enter up a j udgmcnt in favor of the person evict- 
<^d, and against the successful claimant of such land, which 
judgment shall have the same force and effect as judgment 
obtained in other cases: Provided, That a balance be found ^^^^^°- 
bj the commissioners appointed as aforesaid in favor of such 
occupying claimant: And provided also, That if such commis- Proviso* 
sioners should find and return a balance m favor of the success- 
ful claimant against such occupying claimant, the court shall 
enter a judejment accordingly. 

Sec. 3. That the commissioners shall also make out an Valuation and 
estimate of the value of the land in dispute, exclusive of any ?*''^'^P^*^^*^^^' 
improvement that may have been made thereon, and shall ^^' 
make report to the court at the same time that they make 
report of the value of such improvement; and in no case 
shall the court give judgment in favor of the occupying 
claimant for a greater sum than the estimate value of such 
land, without any improvement being made thereon as afore- 
said : and in case the improvements amount to the value of 
the land, in an unimproved state, the court shall render 
judgment against such occupant claimant for the amount 
thereof with cost, on condition the successful claimant shall 
convey, by deed, to the occupying claimant, the land in 
dispute. 

Sec. 4. That each of the commissioners appointed by Commission- 
virtue of this act shall, before they proceed to the discharge ^^'!*^ *^^^ ^" 
of their duties, take the following oath or affirmation, to wit: 
'•You do solemnly swear or affirm, (as the case may be) that 
you will faithfully and impartially value all improvements 
made on a certain tract of land by A, B. (naming the occu- 
pying claimant) and now recovered from him by (here name 
the successful claimant) agreeable to the requisitions of an 
act -for the relief of occupying claimants of land, according to 
the best of your skill and understanding:" which oath or 
affirmation any person legally authorized to administer 
oaths, is hereby authorized to administer. 

This act shall take effect, and be in force, from and after Effect 
the first day of June next. 

Note.— Act of January 19, 1816, 14 v. p. 128. A substitute for the 
law of February 16, 1810 and repeals the same absolutely. 
^ Act of February 23, 1820— took effect June 1—18 v. p. 231 . A substitute 
ior the law of January 19, 1816 and repeals the same absolutely. 

Act of February 1, 1821, 19 v. p. 128. Revives the acts of February 16, 
1810 and of January 19, 1816 for causes pending under them. Causes may 
be rc-docketed . 



i^uvUtlmu 



[Adopted from J\'cw-York — published July 17, and took efeci 
October 1, MSib—MaxuelV s ed. T. L. p. 185.] 

A law for the partition of lands. 

Intended par- Sec. 1. Any one or more of the proprietors of any tract 
*^^bTh^d^ or tracts, parcel or parcels of land which now are, or here- 
'^'^ ^ ^ * after may be undivided, incline to have partition thereof, 
may subscribe a writing, and publish the same in one or 
more of the public newspapers printed in the territory, in 
the state of Kentucky, and at the seat of government of the 
United States, for twelve successive weeks, directed in 
general to all persons interested in such tract or parcel of 
land, specifying the bounds thereof, and giving notice that 
three commissioners not interested in such tract or parcel of 
land, naming them and their places of abode, are appointed 
to make such partition, and that they will meet at a certain 
day and place to be also therein mentioned, and to be within 
If no objection ten days after the said twelve weeks are expired, to proceed 
be made, ccm- ^^ ^j^^ partition of the said lands, and requiring all persons 
proceed. interested therein, to attend then and there for that purpose^ 
either by themselves or their attornies; and if no objection 
to any of the said commissioners be offered in writing to any 
one of the judges of the general court, or justices of the 
inferior court of common pleas of the county in which the 
greatest part of the lands lie, and a notice of such objection, 
in writing, served upon the subscriber or subscribers to the 
notice so directed to be published, or any one of them, and 
within nine weeks after the first publication thereof, then 
the commissioners so to be named shall perform the duties 
If objection required of them by this act. But if such objection and 
be ro^de? f- notice be made and given, the judge to whom it was offered 
anpolntedTo ^^^^^ appoint the parties a day ard place within ten days 
determine ob- after nine weeks from the first publication of the notice are 
jcctions. expired, and then and there hear and determine such objec- 

tions, and appomt other fit and uninterested persons in the 
room of those he may think proper to remove as unfit, and 
such persons so appointed shall thenceforth be the commis- 
sioners for executing the powers given to commissioners by 



rARTITION. 



361 



sworn 



Virtue of this act, and shall before they proceed to execute 
their offices, be severally sworn, or (if the people called ^^^^^'''^^ 
Quakers) affirmed, before one of the judges of the said*^^^ 
general court, or before any of the justices of any infe- 
rior court of common pleas to perform the trust and services 
required of a commissioner by this act, fairly and impar- 
tially, according to the direction thereof, and the best of hiscertidcaie of 
skill and judgment; and a certilicate of their being so sworn oath to be 
or affirmed from tlie person administering the oath, shall tiled. 
be filed witli the rest of the proceedings as hereafter direct- 
ed. 

Sec. 2. Of all surveys and allotments to be made by vir- Two field 
tue of this act, two true field books and maps specifying the books to be re* 
bounds of every allotment and lot shall be made, and' the ^^'J™^^ ^'^^ 
several allotments and lots laid down and numbered on the 
said map, and then signed by the said commissioners, one of 
v/hich said field books and maps shall be filed in the office of 
the clerk of the county where the greatest part of the lands 
lay, and the other in the secretarv's office of the territory; 
which when done, the said commissioners shall cause an Commission^ 
advertisement to be published for at least six weeks in one ^^'^ *^ ?^"^^ 
or nure of the newspapers printed in the territory, in the ^^ ^g' ^blish- 
state of Kentucky and at the seat of government of theed. 
United States, notifying the filing of the field oooks and 
maps in the office, and appointing a particular time and 
place on a day within twenty days after the expiration of 
the said six weeks, and requiring all persons interested then 
and there to attend to see the several lots balloted for; and , 
that the same may be conducted in a just and impartial man- 
ner, one or more of the judges of the general court, or one 
of the justices of the inferior court of common pleas of the -^j^e^g ^o su- 
county in which the greater part of the lands lie, not inte- perFntend the 
rested in the division, upon the request of the said commis- balloting, 
sioners, in writing under their hands, served six days before 
the time of meeting, shall be present to oversee the balloting 
so to be made: at which day and place the said commission- 
ers, having then made as many tickets as there are lots in 
each allotment, with one of the numbers of each lot on every LqI^^^j.^ j,^^^ 
ticket, and as many tickets as there are patantees and propri- conducted, 
etors, with the name of one of the patentees or proprietors on 
each ticket; the tickets of names shall be put into a box, and 
the numbered tickets into another box, and such person or 
persons as the commissioners shall then appoint, shall imme- 
diately proceed to draw a ticket of the names, and then a 
ticket of the numbers, and so proceed until all the tickets 
are drawn: and after drawing for the lots in one of the allot- 
ments they shall proceed in the same manner to draw for the 
lots in the other allotment or allotments, if more than one, 
until the whole drawing is completed: and the lot in each 
iillotment on the maps, bearing the number of the ticket 

X2 



362 r PARTITION. 

drawn next after drawing the ticket with the name of the 
patentee or proprietor, shall be the separate and divided 
share of such patentee or proprietor, and of all persons 
^ . . holding under him or her. Of which balloting, and all the pro- 
ers to enter ceedings in such partition the said commissioners shall make 
proceeding a full and fair entry and minute in a book, one copy whereof, 
andfiletwo certified under their hands, or the hands of a majority of 
^*^ * them, and ur;der the hand of the judge present, shall be Sled 

in the said secretary's office; and. another certified in like 
manner, in the clerk's office of that county where the great- 
est part of the lands lay, which same books or an exemplifi- 
cation under the seal of the territory, shall be good evidence 
of such partition; and which partition shall be valid and 
efFectuai in the law, to divide and separate the said lands. 

Commissicn- Sec. 3. The said commissioners or any two of them, shall 
ers may sell within one year next after drawing or balloting the lots 
part and aforesaid, proceed to sell that part of the tract which was 
r^^rchaser ^^^ apart to defray tite expeiise of the partition, at public 
' vendue, to the highest bidder; whereof six weeks public 
notice shall be previously given in one of the said newspa- 
pers; and their deed to the purchaser shall pas 3 as good a 
title to such bidder, for the separate enjoyment of the same, 
as if all the patentees or proprietors of the said land had 
made and executed the same in due form of law. 

Sec. 4. Provided always^ Tliat no commissioner or ccm- 
Commission- rnissioners, or any other person in trust for him or tl.cm, 
wurchasers. s^^^^^ become purchasers of the said land so to be sold, or of 
any part thereof. And of the whole charge atter.ding ?uch 
partition, the commissioners sliall keep and state a particu- 
lar account, and lay the same before one or more of the 
judges of the general court or one or more justices of the 
inferior court of common pleas of the county where the 
greatest part of the lands lie; who are hereby empowered 
and required to appoint some proper person or persons to 
audit the same, after fourteen da\s notice given ii> writing 
by the said commissioners to any three of the proprietors, of 
the time and place of auditing the said accounts, that they 
may be heard in objectirg to the same. And out of the 
monies arising by such sale, the commissioners may retain 
so much as the said auditor or auditors, or the major part 
of them shall certify to be due to them for their services 
and disbursements in conipleting the said partition; and the 
surplus if any there is, shall be divided into equal parts 
according to the number of patentees or proprietors, as 
aforesaid, and he paid to them or those holding under tliem; 
» and the receipt of the said patentees or proprietors as afore- 

said, or of any person holdii:g under a patentee shall he a 
sufficient discliarge to the said commissioners for the share 
of such patentees or proprietors. 



PARTITION'. .163 

Sec. j. And whereas joint tenants, tenants in comnnon, and Joint tenants, 
coparceners of particular lots or parcels of land so divided, or ^^'/^^^ ^'^^^ 
of other lands held in joint tenancy, coparcenary, or in.com- ^ 
mon may be inclined to have partition thereof; that partition 
may be made thereof, and be as valid, and the expense of 
the same defrayed in the same manner as the partition of 
other lands are before directed; the proprietors, in such far- 
ther or other partition being considered as the patentees are 
in the partition above prescribed. 

Sec. 6. In case of the partition of any patents or tracts Improvements 
of land on which improvements have liertofore been made f '^ 3^^ P^^'^ ^^^ 

, • . 1 1 before pos- 

by any owner or proprietor, or by any person or persons, by ggggj^^ shall 

consent of any owner or owners, proprietor or proprietors be takeo. 
of anv such patents or tracts of land, the person or persons 
to whose shares such parcels of improved lands shall fall 
upon a partition of such patents or tracts of land, shall, be- 
fore he or the}^ be permitted to the possession of the same, 
pay the respective possessor or possessors thereof, the value 
of the improvements made thereon: and in order to settle 
and ascertain the value of such improvements, the said com- Value of im? 
missioners are hereby fully authorized, empowered and di- provemc nts, 
rected, at the request of the party or parties to whom such^J^jJ^e(J^ 
parcel or parcels of improved lands shall, upon such parti- 
tion as aforesaid, appertain, issue their precept to the sheriff 
of the county in which the lands lie, commanding him to 
gammon twelve freeholders having the proper and legal 
qualifications of jurors, to attend the said commissioners on 
tlie premises, at a day to be appointed in the said precept, 
not exceeding thirty days after the date thereof, to assess 
the value of such improvements, at which day and place the 
said commissioners shall swear the said freeholders, well 
and truly to enquire into and assess the value of the said im- 
provements, and then shall proceed v/ith their assistance in 
a summary manner, to enquire into and assess the same, 
and make du;)licates of such their inquisitions and assess- 
ments under vheir hands and seals, and the hands and seals 
of t'esaid freeholders; one of which said duplicates shall be 
delivered to each of the parties: and in case the possessor or 
possessors of such improved lands, shall not within thirty 
days next after a tender to him or them made of the assessed Tender being 
value by the person or persons to whom the said improved made of the 
lands shall, upon such partition as aforesaid belong, peacea- ^'^^"^^ ^^^^ 
blv and quietly deliver up to to him or them, the possession f^^g^^^^^^^^^^" 
of tiie same, tiie said commissioners or any or either of them of nos?essio» 
shall upon proof of such tender, made before him or them or "^^y issu^ 
any or either of them, by the oath of one or more credible 
witnesses, issue a precept, in writing, under the hands and 
seals of them the said commissioners or the hands and seals 
or hand and seal of any or either of them, to the sheriff of 
the county in which such improved lands respectively Uq^ 



364 PARTITIO.N^. 

eommaridlng Inm to put the person or persons to wlacnn sacit 
improved lands shall upon such partition belong, into full 
Proviso, and peaceable possess.ion of the same: Provided cdn-ays^ That 

the costs, charges and expenses attending, as well on such 
assessment as aforesaid as on the putting of the party or par- 
ties into the pess'ession of such improved lands, shall be esti- 
mated according to the regulations herein after prescribed, 
and shall be paid by the respective possessor or possessors of 
such improved lands, and on his,. her or their refusal to pay 
the same, shall be levied on his, her or their goods and chat- 
tels by warrant under the hands and seals of the said com- 
missioners, or the hand and seal of any one or more of them, 
directed to the said sherifF of the county wherein such im- 
proved lands respectively lie, who is hereby required to per- 
form that service. 
Lots drawn ^Ec. 7. And inasmuch as the said ccmmissicners, in such 

for ] ersons further or other partition, may, through the great number of 
havmr no ti- proprietors and rights, proceed upon a mistake, either by 
considered as supposing tbem too fev*" or too miany: therefore if any lot or 
lands not di- lots shall be set off and drawn for any person haying no title 
vided, to the lands to be divided, such lot or lots shall be considered 

as lands still undivided; and if no lot or lots shall be set oiF 
and drawn for any person having title, nothing herein shall 
be construed to defeat such title: Provided nevertheless^ 
That the partition shall be considered as fully completed, to 
all intents and purposes, between all and every the other pro- 
prietors of the said lands. 
, . Sec. 8. If any of the commissioners so to be appointed t© 

surviving make any partition by virtue of this act, shall die before the 
commissioners same is completed, their povf ers shall vest in, and be exer- 
maj proceed, ^ised by the survivors or survivor of them. 
^ , ,, , Sec. 9. One of the said commissioners shall be sworn as 

sworn as sur- surveyor, previous to the said survey to be performed (or if 
veyor. the people called Quakers, shall make affiimation) to per- 

form the same truly and impartially, and accordingly exe- 
• cute the duties of surveyor: which said oath or affirmation, 
either of the other two commissioners are hereby empow- 
ered to administer, and which oath or affirmation shall be 
entered in the minutes of their proceedings, and certified by 
the other two commissioners, and that one other of the said 
commissioners shall act as clerk, and as such shall take min- 
utes of all their proceedings. 
g r -d - ^^^' ^^' ^^^ ^'^^^ ^^^^ ^ commissioner, being a surveyor 
ing, another *'^s aforesaid, shall die before the survey be completed, or 
may heap- through sickness or some other cause be rendered incapable 
pointed. ^o complete the same, that in such case the surviving com- 

missioner or commissioners shall and may thereupon nomi- 
nate, appoint and qualify another surveyor to carry on and 
complete \he same. O)' in case either of the said commis- 
sioners be a surveyor, he shall and may be qualified and act 



TARTITIO:?* 



36^ 



$? surveyor, and complete the survey in like manner: which 
Said surveyor shall have twenty-eiglit shillings per day for fcc?. 
his services: the said commissioner acting as surveyor, 
shall have twenty-eight shillings per day: the com.missioner 
acting as clerk, twenty-eight shillings per day; and- tiie other 
of the said commissioners, twenty-four shillings per day, 
while actually employed in the said service; and each oi* 
the chain, bearers, and the flag-bearer and marker (when- 
ever the commissioners shall think such flag-bearer or 
marker necessary) shall have ten shillings per day; and the 
persons who audit their accounts, twenty shillings per day 
for their services: which allowances shall be in full for their 
services, and all expenses attending the said survey; but 
llie auditors may allow a reasonable sum for defraying the 
«^xpense of the attendance of the judges, the advertising 
and balloting herein before directed. 

Sec. 11. Whereas many small estates held in common Partition of 
require a more easy and less expensive mode for the division estates of less 
thereof, than that which is herein before provided; where J^^g"^^^*^^^,^, 
any such lands, tenements, or hereditaments shall be held in sand dollars^ 
common, it shall and may be lawful for the court of common l^ow mado. 
pleas in the county where such lands shall be, upon the ap- 
plication of one or more of the owners or proprietors of 
such lands, tenements and hereditaments, for partition there- 
of, it being proved to the satisfaction of the court that the 
value of the said lands, tenements and hereditaments do not 
exceed twelve thousand dollars, to appoint three reputable 
freeholders of the county, commissioners for that purpose, 
affidavit being first made before the court, by the person or 
persons making such application, that the other owners or 
proprietors residing within the state, or the guardians of such 
owners or pro})rietors as are minors, have had thirty days pre- 
vious notice of his or their intention of making such applica- 
tion; and the commissioners so to be appointed, after they 
shall have been duly sworn before one of the justices of the 
court of common pleas in such county, honestly and impar- 
tially to execute the trust reposed in them respectively as 
commissioners for making partition of the lands, tenements 
and hereditaments as directed by the court, shall proceed to 
make partition of the said lands, tenements and heredita- 
nients, among the owners and proprietors thereof, according 
to their respective rights therein; which partition being 
made by t!ie said commissioners, or any two of them, and a 
return being made, thereof in writing, uiider their hands and 
seals, to the court, particularly describing the lots allotted 
to each respective owner or proprietor, and mentioning 
which of the owners or proprietors are minors, if any such 
there shall be ; which return, being acknowleged by the said 
commissioners, or any two of them, before one of the justices 
9[ such court, and accepted by the court, and entered of 



366" PARTITION. 

record in the clerk's office, sball be a partition of such lands, 
tenements and hereditaments as are tlierein mentioned. 

\Vhen houses Sec. 12. ProuzJe^ a/t^'O';?/^, That where any houses and lots 

and lots can- are SO circumstanced that a division thereof cannot be made 

tl?ey Lay^be '^ ^'^^^^^^* great prejudice to the owners Or proprietors of the 

sold. same, and the commissioners appointed to make partition of 

the same shall so report to the court if it shall then appear 

to the court that such houses and lots do not exceed in value 

the sum of eight thousand dollars, the court shall thereupon 

give orders to the said commissioners to sell such house and 

lot or houses and lots of land, at public vendue, and shall 

make and execute good and sufficient conveyances to the 

purchaser or purchasers thereof, which shall operate as an 

effectual bar, both in law and equity, against such owners^ 

Deeds to be proprietors, and all persons claiming under them: and the 
made by com- ^ ^. • • >u / j. j. ^\. • i. 

laissioners. monies arising thereirom to pay to the owners, or proprietors 

of such houses and lots of land, their guardians or legal re- 
presentatives, as shall he directed in the said order, retaining 
in their hands, for their services and expenses, such sum as 
shall be allowed by the court ; and the said commissioners, 
on a division of lands, tenements and hereditaments, by order 
of the court as aforesaid, shall be allowed such sum as the 
court shall award for their services and expenses, to be paid 
Compensa- by the owners or proprietors of the lands, tenements and 
tiontocom- hereditaments SO divided, in proportion to their respective 
and how paid, rights therein; and in case of the neglect or refusal of any 
of the owners or proprietors to pay his, her or their propor- 
tion of the sum so awarded,, the court shall order so much 
of the lands tenements and hereditaments allotted to such 
owner or proprietor so refusing or neglecting, to be sold at 
public vendue, as will be sufficient to pay his or her propor- 
tion of the sum awarded by the court, together with the 
costs of such sale: And . provided also^ That no division or 
sale shall be made by order of the court as above directed, 
contrary to the intention of any testator, as expressed in his 
last will and testament. 

^ ,. Sec. 13. And the guardians of all minors, shall be and 

Guardians , , - • i .i • j j j v 

may act far hereby are respectively authorized and empowered, on be- 

minors in par- half of the respective minors whose guardians they are, to 
tition. do and perform any act, matter, or thing respecting the di- 

vision of any lands, tenements and hereditaments as is direct- 
ed in the above preceding clause, which shall be binding on 
such minor, and be deemed as valid to every purpose as if 
the same had been done bv such minor after he should have 



^Repealed, December 19, 1799, 1 scss. G. A. T. p. 241. 



PARTITION. S62 

[Ad of December 19, 1799, 1 sess, G. A, T. p.- 540.] 

An act repealing certain laws, and parts of laws. 

Sec, 1. That the ac' sand parts of acts hereinafter men- Partion law 
tioned, shall be, and the sanie are hereby, repealed, to v\it: ''^P'^^^'^^- 
the act, entitled "A law for the partition of lands," also 
so much of the fourth section of the act, entitled "-A law partof at- 
allowing foreign attachments," as requires notice thereof to t^ichment law 
be advertised in one of the newspapers at the seat of tiie r^'pe^ied. 
United States government/' 



[Act of Deceraher 23, 1801, 1 scss. 2 G, A. T. p, 82.] 
An act for the partition of real estate. 

Sec. 1. That all joint tenants, tenants in common, or co- who may 
parceners, of any estate or estates, in land, tenements or make or suffer 
hereditaments, within this territory, held or claimed by de- P^^*^^^^'^'^* 
vise, descent, patent, deed, covenant or other contract, or 
their executors or administrators, shall and may be compelled 
to make or suffer partition thereof, according to the provi' 
sions herein after contained. 

Sec. 2. That where the lands, tenements or hereditaments. What courts 
are situated in two or more different counties, the proceed- j^.^^^j*^"^^^^^ 
ings under this act shall be had before the general or circuit 
court, but where they are situated in one county, the pro- 
ceedings may be had before the court of common pleas of 
that county, subject to an appeal to the general or circuit 
court, at any time within one year. 

Sec. 3. That any person being a joint tenant, coparcener, The petition 
or tenant in common, of any lands, tenemejits or heredita- for partition^, 
ments, as aforesaid, or the executor, administrator or guar- 
dian of any such person, 'may file his or her petition in the 
general or circuit court, or in the court of common pleas, as 
tne case may admit, praying that partition of such land, tene- 
ments or hereditaments may be made; which petition shall 
set forth the nature of the title or claim of the petitioner, the 
tract or tracts of land, the tenements or hereditaments of 
which partition is prayed ; and also, the name and place of 
residence and proportion of each coparcener, joint tenant or 
tenant in common, so far as the same is within the know- 
ledge of the petitioner, and shall be signed by him or her, 
ad fded in the office of the clerk or prothonotary of the 
court to which the same shall be presented. 

Src. 4. That when any petition shall be presented and 

*The whole act ^rep.Miled January 18, 1802. See ante p. 2&5-. 



36S 



PARTITION, 



Notice to be filed as aforesaid, the petitioner shall cause notice thereof to 
giveo. be published for six weeks successively, in some newspaper 

printed within the territory, which notice shall state the 
court in which the petition is tiled, the substance of the 
petition, and the time allowed by this act to any person or 
persons to file his, her or tbeirreasons,whv such partition ought 
not to be made; and if it shall appear to the court, that anj 
of the parties concerned, reside out of, or in any distant part 
of the territory, it shall be lawful for them to direct such 
other and further notice to be given, as to them shall or may 
?roviso» appear, reasonable and proper: Provided always^ That if 

all the parties concerned, his,, her or their agent, attorney 
or guardian, shall be personally served with the notice afore- 
said, at least forty days before the court to which the petition 
of any of the parties shall be presented, and proof of such 
service be made, on affidavit, to the satisfaction of the court, 
it shall be deemed and taken to be sufficient notice to the 
■ parties without further publication, and the court shall forth- 
with proceed in the same manner as is herein after provided 
in the fifth section of this act. 
When person- Sec. 5. That if personal notice shall not be given as afore- 
al notice IS not ^^\A fij^j^ ^t the first term next after the fiHne of such petition 

<riven court ■ ,i , • •- j. ■ . ji i j. i 

may make an ^'^ ^he general or Circuit court, or at the second term next 
order for par- after the filing thereof, in the court of common pleas, the 
titioD. said court shall proceed to examine the claim of the petitioner, 

and also any objections that may be filed thereto, and if no 
sufficient reasons shall appear why partition should not be 
made, the court shall proceed to make an order for such 
partition,, whish order shall state the said tract or tracts of 
land and tlie number and proportion of the several shai'es 
or parcels into which the same is required to be divided. 
Commission- Sec. 6. That the said court shall, at the same term they 
crshowap- make their order, nominate and appoint not less than three 
pomte . ^^^ more than five impartial and judicious freeholders of the 

vicinity to act as commissioners in layirg off and dividing such 
land, tenements or hereditaments, into shares; they shall also, 
at the same term, appoint a suitable surveyor, whose duty it 
Their duty, shall be, to measure the several lines of such shares as the 
commissioners shall direct, and to assist in making such maps 
and descriptions thereof, as may be necessary and proper: 
and it shall be lawful for the said commissioners, their agents 
or associates, to enter upon, pass over or survey any enclo- 
sure or tract of land, within or adjacent to the tract or tracts 
to be divided as aforesaid, doing as little injury to the owner 
or owners thereof as circumstances v/ill permit. 
Their further Sec. 7. That the said commissioners and surveyor shall 
duty. meet at such time and place as the court shall direct, and 

being severally sworr to a faithful and impartial discharge of 
their respective duties, tliey shall proceed to view and exa- 
mine the land, tenements or hereditaments, and to divide tho 



PARTITION. 369 

same into the number of parts or shares, as directed by the 
said court, in the order containing their appointments, each 
part or share to contain one or more lot or lots, as the com- 
missioners may think proper, having regard to the improve- 
ments, situation, quahty and advantages, as well as the quan-pj^^ tomo- 
tity of each part or share ; and if the bounds of any tract ceed when ti- 
er tracts, or any part of such tract or tracts, so to be divided, tie to partisin 
shall be controverted, it shall be the duty of the said com-^^"*^^** 
missioners to separate the same from the uncontroverted 
part and to make partition of the tract or tracts, in such 
manner that a proportion of the controverted as well as of the 
uncontroverted part may be allotted to each share. 

Sec. 8. That if any person claiming a share in any lands Claim deemed 
to be divided by virtue of' this act, and having timely notice ^^T^^jg^V^^j. 
of the fding of the petition, shall neglect or refuse to have 
such claim represented, such neglect or refusal shall be 
deemed fraudulent, and the claim shall thereby become null 
and void: Provided^ That nothing in this act shall l>e con- p .^ 
strued so as to iiijure or destroy the right, claim or title of 
•any person ar persons claiming land which shall be divided 
by virtue of this act, except the ca.se provided for in this 
section. 

Sec. 9. That it shall be lawful for the said court to issue Subpoenas 
their subpcsna, or for the said commissioners, or a majority of"^^^^^^^^* 
them, to issue their precept for calling before them any per- 
son or persons to give evidence, on oath or affirmation, of 
every such matter or thing as may be necessary for them ta 
know, and to bring with them all such deeds, patents, sur- 
veys, maps, records and other writings, as may be necessary 
for the said court or commissioners to examine in executing 
the duties required by this act and if any person shall diso- 
bey such subpcRua or precept, he shall be subject to the like 
penalties as are provided for the disobedience o£ subpoenas 
in other cases, and it shall be lawful for the court or com- 
missioners to examine the petitioner, on oath or affirmation, 
touching his claim, and the claim of all and every other 
person or persons whatsoever. 

Sec. 10. That any person appointed to do or perform any C(mimissi©iir 
thing by virtue of this act, and refusing or neglecting to dOg''^^^^"^^"^*^ 
or perform the same, at the times and places ordered and may be ap- 
directed by the court, the court may appoint other persons pointed. 
to do and perform the same services, who shall have the 
same power as if they had been originally appointed: -P^'O- Proviso : A cfe 
vided always^ That the legal acts of a majority of the com- of majority 
missioners, appointed to make partition under this act, shall ^^^i^- 
be as valid to ail intents and purposes as if the same had 
beei^ done by all the commissioners appointed. 

Sec. 11. That should it so happen, that any person hav- On applica- 
ing a right to any share or proportion of the tra t or tracts fion of party 
of land, which may be divided under this act, and not barrel ^"J'*^®^' *^**^* 

2 Y 



370 PARTITION. 

may vacate |,y the eighth section thereof, should uot have the share or 
paihtion. proportion to which they may be entitled, allotted to them 
in manner aforesaid, then, and in that case, such person 
may, within one year after partition made, apply to the 
court, by motion, and on shewing a good and sufficient right 
. ar claim to any share or part of the said tract or tracts, it 
shall be lawful for the said court to vacate the said partition^ 
Proviso: sale and to order a new division thereof: Prozidcd alzvays., That 
not to be af- if any part or parts of the tract or tracts, so divided, shall 
fected by such j^^^.g been sold in manner herein after provided, such sale 
shall not be affected by such subsequent proceedings, but 
shall remain in all respects valid, and the quantity or value 
thereof, shall, on such new partition, be deducted from the 
share or proportion of such delinquent proprietors; and it 
shall be lawful for the court to grant such new partition, on 
the payment of the costs and expense thereof, by the appli- 
cant, at their discretion. 
Commission- Sec. 1 2. That it shall be the duty of the commissioners, 
ers to make a after having made division of the tract or tracts, as directed 
map of the -^^ ^he seventh section of this act, to make a true and ac- 
shall be re- curate field book and map of the land so divided, numbering 
turned, sign- each share on the map progressively, beginning with the 
cd, and ac- number one ; which field book and map shall be returned to 
"^^ ^ ' the court from w^hich such order issued, signed by the com- 
missioners and acknowledged before a justice of the court of 
common pleas or judge of the general court, and counter- 
signed by the surveyor. 
Lottery for Sec. 13. That after division and return thereof shall be made 

shares, and to the court as aforesaid, the judges or justices shall appoint a 
how conduct- suitable disinterested person, to draw lots for the respective 
shares, and after proclamation made for the proprietors to at- 
tend, the persons so appointed shall proceed under the imme- 
diate inspection of the court, and of such of the proprietors, 
their agents, attornies and guardians as may be present, to 
make as many tickets as there are tenants, with the name of 
a tenant written on each ticket, and as many tickets as there 
are shares, with the number of a share written on each ticket, 
the tickets of names shall be put into one box, and the tickets 
of shares shall be put into another box, and the persons so ap- 
pointed, shall draw one ticket out of the box of names and 
then a ticket out of the box of shares^ and so proceed until 
all the tickets are drawn; and the lot bearing the number in 
the commissioners description of the ticket drawn next after 
the name of a proprietor, shall be the separate and divided 
share of such proprietor, and of all pei-sons holding under 
Proviso. him or her: Provided ahmys^ That when any land to be di- 

vided as aforesaid, is held in unequal shares, it shall be the 
duty of either cf the aforesaid courts, and they are hereby 
authorized to assign to each of the respective parties their 
proper proportions thereof. 



PARTITION. 37 i 

S^c. 14. That it shall be the duty of the clerk or protho- ^^erks to re- 
notary, as the case may be, to make a true and accurate re- ^^^^ procce - 
cord of all the proceedings in any case under this act, which 
record shall be deemed and taken as valid and eft'ectual in 
law for the partition of such lands, and thereupon the parties 
shall hold the shares to them respectively allotted, in se- 
veralty. 

Sec. 15. That the court before whom any partition shall Court to tax 
be had, shall tax the costs which may accrue on such pro- <^<^*^5- 
ceedings, and each tenant shall be liable to pay his just pro- 
portion thereof. 

Sec. 16. That after the court shall have ascertained the Costs how di- 
vvhole expense of such partition, they shall divide the same vi^^'^- 
among the owners or proprietors of the several parts or shares 
in the same proportion as the several parts or shares shall 
be to each other, and on default of payment thereof, by the On failure to 
person to whom such share shall be allotted, the said court pay, shares 
are hereby authorized and required, at any tiiDC after the"^^^'^^^*^^^ 
expiration of six months from the time of such partition, to 
issue their order, directed to the sherifFor coroner, command- 
ing him to levy upon and sell so much of each of those parts 
or shares, on which the costs shall not be paid, as may be suf- 
ficient to pay or satisfy the costs allotted to the respective 
proprietors thereof, and it shall be the duty of the said officer 
to cause the same notice to be given of such sales as is or may Notice to fee 
be required by law for the sale of lands taken in execution, S^^^"* 
and on any sale being made as aforesaid, the said officer is 
hereby authorized and required to make « deed or deeds to Officer to 
the purchaser for the land so sold, which deed shall convey "^^^^ ^ ^^^^' 
as good and perfect a title to the purchaser, his heirs and 
assigns, as if the same bad been executed by each and every 
owner or claimant of the said tract or tracts, so divided. 

Sec. 17. That the guardians of all minors are hereby re- ^"^^'^^J"' 
spectively authorized and empowered, on behalf of the respect- ™ffer^arti-^^ 
ive minors, whose guardians they are, to do and perform anvtion formi- 
act, matter or thing respecting the partition of land under ^ors. 
this act, and the same shall be deemed valid and as bind- 
ing in law, to every intent and purpose, as if the same had 
been done by such minor after he should have arrived at full 
age. 



[Ad of January 4, 1802, 1 sess. 2 G. A, T, p. 121.] 

An act providing for the appointment of guardians to lunatics and others. 

Sec. 2. That the guardian or guardians, appointed as afore- 
said, shall improve, frugally and without waste or destruc- 
^mn,t he estate of the idiot, non compos^ lunatic or insane per-' 



372 ■ PARTITION* 



Guardians to son, and apply the annual income and profits thereof for the 
lunatics, &c. comfortable maintenance and support of the said idiot, non 

may make or i .- • *• i i r i,- i 

suffer parti- (compos, lunatic or • insane person ; and also Jtor his or ner 

tion. household or family (if any such there he;) and the said 

guardian or guardians are hereby empowered to settle ac- 
counts, receive, and if need be, to sue for and recover all just 
debts due to the said idiot, ?io?icc?77j90s, lunatic, or insane per- 
son, from any person or persons whomsoever ; and to manage 
and improve the real estate, or divide, agreeably to the act, 
entitled "An act for the partition of real estate," in as full 
and ample a manner as the said idiot, non compos^ lunatic or 
insane person might or could, were they restored to the full 
itse of their rational faculties, and shall also be subject to the 
payment of all just debts owing by such person, which were 
t:ontracted before his or her insanity or other disability, out 
of their personal estate, or in case that be insufhcient, then 
out of the real estate, in such way and manner as executors 
or administrators may or shall, by law be enabled to dis- 
charge the debts of deceased persons, when the personal 
estate of such deceased persons shall be found insufficient; 
and in case any such idiot, non compos^ lunatic or insane per- 
son shall be restored to the use of his or her reason, which 
shall be ascertained by a like inquest as is directed in the 
first section of this act, the residue and remainder of the 
estate, real and personal, shall be returned and delivered to 
him or her ; and in case of his or her death, to his or her heirs, 
executors or administrators, the guardian or guardians, 
having first such reasonable allowance out of the same for 
their charge and trouble as the judge of probate shall order.* 



[Ad of February 1, 1804, 2 v. L, O, p. 114.] 

An act to provide for the partition of real estates. 

Sec. 1. That all joint tenants, tenants in common and 

Who may coparceners of any estate or estates, in lands, tenements or 

pa^UUoir hereditaments, within this state, may be compelled to make 

' or sufier partition of such estate or estates, in manner herein 

after prescribed, and that where such estate or estates, is or 

may be situated in two or more counties, the proceedings 

under this act shall be had before the supreme court, wben 

said court shall be in session, in any one of the counties 

*Section 4, of this act, authorizes the' appointment of guardians to the 
children of insane persons, lunatics, &c. in the same manner as though the 
parents were dead. Section 5, provides for the appointment of guardians 
to persons, who, by excessive drinking, gnming, idleness or debauchery, are 
yastifig their estates. The guardians ol such persons have the same au- 
thority as guardians to insane persons, lunatics, 8zc. 



PARTITION. 373 

where a part of the premises, so to be divided, shall be situ- 
ated ; and where such estate or estates is, or may be, situated 
in one county only, the proceedings may be had before the 
court of common pleas of such county. 

Sec. 2. That any person being a joint tenant, coparcener or Petitipn. 
tenantin common of any such estate or estates, or the executor, 
administrator, guardian or agent of any such person, nuiy file 
his or her petition in the supreme court or court of common 
pleas, as the case may require, praying that partition of such 
estate or estates may be made, winch petition shall set forth 
the nature of the title or claim of the demandant, the tract 
or tracts of land, the tenements or hereditaments, of which 
partition is demanded, and also the name and place of resi- 
dence of each joint tenant, coparcener and tenant in com- 
mon, w^ith such demandant, if they shall be known to such 
demandant, and if, on examination, it shall appear that the 
demandant hath a good and legal right and title to any part If party has . 
or proportion of such estate or estates, then the court shall ^^gal title, 
proceed, at the term in which such petition may be filed, to ^^" pg^JJ^^^-Q^'^ 
order and direct a partition to be had and made in the man- 
ner prescribed by. the provisions of this act: Provided^ It 
shall appear that the notice required by this act hath been 
sufficiently and legally given, and no sufficient reason shall 
appear why the prayer of the petitioner should not be 
granted, otherwise the court shall order and direct notice 
of such demand of partition to be given, either by pubhca- 
tion in one or more newspapers printed in this state, where 
the parties concerned reside out of this state, or by personal 
notice to be served at least forty days before the ensuing 
term, if the party or parties concerned reside within this 
state: Provided always^ That where the person or persons, of Proviso: No.- 
M^iom partition is demanded, reside out of this state cmd *^jj^*^ ^^ ^^ S^^'* 
have an agent or attorney residing within this state, such 
personal notice of such demand of partition shall be given 
to such agent or attorney, as is required in the case of resi- 
dent proprietors. 

Sec. 3. That if at the first or any succeeding term (in ^"t ofpart> 
case a continuance hath been granted) after the filing of such ^^^" ° ^^^"^' 
petition,. it shall appear to the court, that due notice hath 
been given, and if no sufficient reason shall appear why par- 
tition should not be made, the court shall proceed to order 
such partition, and shall issue their writ, directed to the 
sheriff of the county in which the estate or estates shall or ^<'°^"^?"'^ ®^ 
may be, or to the sheriff of either of the counties in w^hich * ^ ^"^* 
the estate or estates shall or may be, in case such estate or 
estates is or are in more than one county, commanding 
him, that by the oaths of three judicious and disinterested 
freeholders of the vicinity, to be appointed by said court, 
who are not of kin to any of the parties concerned, he 
jrause to be set off and divided, to the demandant in said 



374 PARTITION. 

petition, such part and proportion of such estate or estates.. 
as the court siiall have ordered and directed; and in 
Duty of com- making such partition, it shall be the duty of said free- 
miisioners. holders, to view and examine such estate or estates, to 
set apart the. same in such lot or lots as will be most ad- 
vantageous and equitable, having due regard to the improve- 
ments, situation and quality of the different parts of such 
estate or estates, and if the bounds or title of any tract or 
tracts, or any part thereof, shall be controverted, it shall be 
the duty of the said freeholders to separate the same from 
the uncoctroverted part, and to make partition of the estate 
or estates in such manner, that a due proportion of the con- 
troverted, as well as of the uncontroverted part, may be 
allotted to the demandant. 
Partition may Sec. 4. That if at any time after the filing a petition as 
be made by aforesaid, and before a writ shall have issued to the sheriff, 
consent. ^^^ person or persons, joint tenants, coparceners or tenants 
in common, of whom partition is demanded, shall appear by 
him or themselves, or by his or their attorney, and shall pay 
the costs w^hich have accrued on such petition, and shall 
consent to a partition, of such estate or .estates, then parti- 
tion shall be made of such estate or estates, by such person or 
persons, as said joint tenants, coparceners or tenants in com- 
mon shall agree upon, and in case they do not agree upon 
any person or persons to make such partition before the end 
of the term, then a writ shall issue to the sheriff as is herein 
before provided. 
If estate can- ^Ec. 5. That when any writ of partition shall issue as 
not be divid- aforesaid, if the inquest who are directed to make such par- 
ed, a valua- tition shall be of opinion, that the estate or estates cannot 
returned ^^ ^^ divided according to the demand of the writ, without 
prejudice to or spoiling the whole, the said inquest shall 
then make and return to the court, a just valuation and ap- 
praisement of such estate or estates, v/hereupon, if the said 
court shall approve of the said return, and if any one or 
One of the more of the parties shall elect to take the said estate or 
take the e^- ©states at the appraised value, the same shall be adjudged 
tatc atitsva- to him or them, he or they paying, or securing to be paid to 
luation. the other parties, their proportions of the appraised value, 

according to their respective rights-, and the sheriff shall, 
according to the said order of cotirt, make and execute con- 
veyances to the party or parties electing to take the same, 
Sheriff to exe- subject nevertheless to a iien thereon, in favor of the others 
cute a deed. ^^ ^j^^ g^j^ parties, until payment be made to them of their 
respective shares of the money as aforesaid; and in case the 
said parties shall not agree who shall take the said lands and 
If no one will tenements on the terms aforesaid, then the said court shall 
iuhall be^"'^' ^^ may, at the instance of the demandant in the said parti- 
sold, tion, make an order for the sale of the said lands and tene^ 
mcnts, at pubUc auction, by the sheriff who shall have holden 



PARTITION. 375 

the said inquisition, or his successor in office, after due and 
fair notice of the time and place of such sale, by advertise- Notice to be 
nnents published and set up in the several counties where the^^^^"* 
lands lie, and also such public newspapers as shall be most 
likely to give fair and full notice of such sale to all the par- 
ties concerned and others, which public notice shall be given 
at least twenty days before the time of sale, in cases where 
the lands all lie in the same county, and at least sixty days 
where the lands lie in diiferent counties; and the said sherifFSherlfFtoexe-- 
is hereby empowered and ordered, to execute deeds to the ^'^^^ ^^^^^* 
purchasers of the lands and tenements, so as aforesaid sold, 
on receiving payment of the consideration money, or taking 
sufficient security therefor, to the satisfaction of the court, 
which money or securities shall be brought into court, be- 
fore or at the time of the said sheriff's acknowledging the 
deed in open court, to be distributed and paid by order of 
the said court, to and amongst the several parties entitled to 
receive the same, in lieu of their respective parts and propor- 
tions of the said lands and tenements, according to their just 
rights and proportions. 

Sec. 6. That w^here any writ of partition shall issue, or Commiiision- - 
where the parties interested shall agree on some person oiGTs^^ntj^ 
persons to make partition, it shall be the duty of the inquest 
or persons so agreed on, to make a true and accurate plan or 
map and field book of such lands as may be so divided, and 
to describe particularly, the metes and bounds of all tene- 
ments so divided and apparted, which plan or map, field 
book and description, the persons or inquest shall sign^and 
send, under seal, to the next court having cognizance of the 
same, and after division and return thereof shall be made to 
the court, it shall be examined by the court, and if found, 
justly and accurately made, the clerk shall record such 
return, which record shall be deemed as valid and effectual 
in law, for the partition of such lands, tenements or heredita- 
ments, and thereupon the party or parties shall have and 
hold the shares or parcels to them respectively allotted, in 
severalty. 

Sec. 7. That the court before whom any partition shall Court to tax 
be had, shall tax the costs and expenses which may accrue ^^^^^^^'^^^^^^ 
on such proceedings, and shall issue execution thereupon, 
against such person or persons, their goods, chattels, lands, 
tenements and hereditaments, of whom partition is demand- 
ed, as shall not have paid their proportion of the costs and 
expenses so taxed: Provided however, That where the parties Provisoi 
concerned shall appear and agree upon a person or persons 
to make partition for them as is herein before provided, then 
and in that case, the costs and expenses thereafter accruing, 
shall be taxed in due and just proportion against all the pap- 
tie.s« 



37b' 



PARTITION! 



Guardians' ^^^* ^' ^^^^^ ^be guardians of all minors are hereby rfe- 

power in par- ^^ectively authorized and empowered, on behalf of their 
ijtion. wards, to do and perform any act, matter or thing, respect- 

ing the partition of lands under this act, and the same shall 
be deemed' valid and effectual in law, to every intent and 
purpose, as if the same had been done by such minor, after 
his arrival at full age. 

All former ^^^' ^' That all laws and parts of laws, for the partition 

laws repealed, of real estate, in force at the time of the passing of this act, 
be, and the same are hereby repealed. 



[Act of January 15, 1805, 3 r. L, O. p. 164.] 

An act for the appointment of guardians to lunatics and others. 

Guardians of ^^^' ^* That the guardian or guardians appointed as 
lunatics may asforesaid, shall improve, frugally and without waste, the 
divide estate, estate of such person, and apply the annual income and pro- 
fits thereof, for the comfortable maintenance and support of 
such person, together with his or her family (if any such 
there be) and are hereby empowered to settle accounts, 
receive, sue for and recover, all just debts due to such person, 
and to improve and manage the real estate or divide, agreea- 
ble to law, in as full and ample manner as the said idiot, non 
coinpos^ lunatic or insane person could do, were they restored 
to the use of their reason, and shall also be subject to the 
payment of all just debts owing by such person, which were 
contracted before his or her i)isanity or other disability, out 
of their personal estate, or in case that be insufficient, then 
Oiut of the real estate, in such manner as executors or admi- 
nistrators are by law enabled to discharge the debts of de- 
ceased persons, v/hen the personal property is found insuf- 
ficient; and in case such idiot, non compos^ lunatic or insane 
persan, shall be restored to the use of his or her reason, 
which shall be ascertained by a like inquest, as is directed 
in the first section of this act, the residue of the estate, real 
and personal, shall be returned and delivered to him or her,, 
and in case of his or her death, to his or her heirs or admi- 
nistrators, the guardian or guardians having first such rea- 
sonable allowance out of the same, for their compensation-, 
as the court may order. 

Act repealed. Sec. 5. That the act, entitled, "An act providing for the 
appointment of guardians to lunatics and others," be, and 
the same is hereby, repealed. 

Effect. This act to comm«^nce and be in force, from and after the 

first day of June next. 



PARTITiaN. 377 

NoTE.r— Act of January 5, 1816, 14 v. p. 61. Commissiorvers to make 
partition may set off dower. Wlien the lands lie in two or more counties 
or tracts, dower may be set off in one or more counties or tracts. 

Act of January 25— took effect May 1, 1816, 14 v. p. 1 60, sections 39, 
40. If some of the heirs of an intestate, Avho died possessed of lands in one 
or more counties, are of full age and others minors, the court may, on ap- 
plication of former, order a partition. When laiKls Avill not admit of 
partition, court may order a sale. Act of February 10, 1810 (printed 
under the title "Wills" pos^) repealed. The above named act of January 
25, 1816, was repealed June 1, 1824. See 22 v. p. 132. 

Act of February 26, 1820— took effect June I, 18 v. p. 226. This act 
•epeals the act of February 1, 1804, and of January 5, 1816. It isbutlitfle 
■else than a consolidation of the acts repealed. 



2Z 



^rotJiitr »nli ©r^iifin'st^ ^t^nvtn, etc; 



{Pubhshed August 30, 1788, Childs and Swain sed, T, L.p, 13.] 
A law establishing a court of probate. 

Duty of There shall be appointed one judge of probate in each county, 

judges of pro- whose duty it shall be to take the proof of last wills and tes- 
bate. taments and to grant letters testamentary and letters ci ad- 

ministration and to do and perform every matter and thing 
that doth, or by law may appertain to the probate office, ex- 
cepting the rendering definitive sentence and final decrees. 
c, . ^ The judge shall hold four sessions in each and every year, 

courts. •^^^ ^^y adjourn from time to timiC, or appoint a special ses- 

sion, and at such place in the county as he may deem expe- 
dient, whenever the circumstances of the people may require 
it. The sessions for the county of Washington, shall be holden 
at the city of Marietta, upon the first P^londay of January, 
April, August, and October, arinually. In all cases wherein 
it shall be necessary to render a definitive sentence, or to 
render a final decree, and upon a point contested, the judge 
shall call to his assistance, two of the justices of the court 
of common pleas of the same county; who, together with 
the judge shall constitute the court of probate; a majority 
of whom shall have power to render final sentences and 
decrees in all matters cognizable before said court: Provid- 
Final decrees, ^^ however^ That from every definitive sentence, and from 
how rendered, every final uecree, rendered by the court, there may be an 
appeal to the general court of the territory, the appellant 
giving bond with two sufficient sureties, to prosecute his 
appeal with effect, which appeal shall be entered upon the 
second day of the term of the court appealed to, and next 
holden for the county in which the appeal was taken. 
- , , The judge, previously to his entering upon the duties of 

an oath.° ^^^ office, shall be sworn, before the governor, to a true and 
faithful discharge thereof. 

The judge shall record last wills and testaments, and 
recorded. ^ make entries of the granting of letters testamentary, and 

*=See titles, "Wills" post. "Partition" ante p. 360. "Agents to sell and 
convey lauds^'J ante p. 265. 



PROBATE COURT — ESTATE Or LUNATICS, &C, *4!%"' 

letters of administration; he shall receive, put on file, and 
carefully preserve all bonds, inventories, accounts, and other 
documents, necessary to be perpetuated in his office. 

All bonds that by this law are, or by law shall be directed 
to be given in the court of probate, or probate office, shall 
be made to the judge, and shall be in trust, to and for the 
use of all persons concerned, or having interest therein: 
and the benefit thereof, sliall be extended from time to time, 
to and for the relief of the party injured. 

The judge shall deliver a certified copy of any bond taken Copies of 
by him as aforesaid, to any person interested, and requesting bonds to b© 
the same, and he shall also produce the original bond in^^^*^^^*^- 
court, upon any trial that shall be had for the breach of the 
conditions thereof, whenever required by such court, and 
upon refusal, or delay herein, the judge shall forfeit and pay 
to the party injured treble damages: and there shall be ap- 
pointed a clerk of said court of probate, who shall be sworn to 
a faithful discharge of the duties of his office, before he enters 
into the execution thereof; and the clerk shall record all sen- 
tences and decrees of the court of probate, and make entries 
and recordsof all matters proper to be entered and recorded 
in his office. 



[Passed August 1, 1792, Childs and SwahC s ed, T. L. p, 42.] 

An act empowering the judge of probate to appoint guardians to minors and 

others. 

Sec. 2. That it shall be in the power of the judges of the Courts of pro- 
probate of wills within their respective counties from time to bate may ap- 
tinne (upon request made by the friends or relations of any J^^JJ^^^^j^'^^^ 
idiot, non compos or lunatic person, or by any overseer of the Sic. 
poor in the town where such idiot, 7ion compos or lunatic lives, 
or is an inhabitant) by his Avrit to direct the sheriff of the 
county to summon twelve freeholders, good and discreet 
men, of the same township to make inquisition thereinto and 
if t'le person said To be an idiot, lunatic or distracted person, 
shall be adjuged by such inquest (or the major part of them) 
to be incapable to take care of him or herself, and they shall 
certify the same under their hands to the judge; the said 
judge of probate shall be empowered to assign some suit- 
able person or persons to be guardian or guardians to such 
idiot, lunatic, non compos or distracted person, directing 
and empowering such guardian or guardians to take care 
of the person and estate, both real and personal, of such per- 
son and to make a true and perfect inventory of the said 
estate, to be returned into and filed in the probate office of 
such county. 



sto 



PROBATE COURT ESTATE OF LUNATICS, ^. 



J. . Sec. 3. That the guardian or guardians appointed as 

powerof o-uar-'^^*^'^^^^^^ shall improve frugally and without waste or des- 
dians. truction the estate of the idiot, non compos, lunatic, or dis- 

tracted person aid apply the annual income and profits 
thereof for the comfortable maintenance and support of the 
said idiot, non compos^ lunatic or distracted person, and also 
oi his or oer household or family (if any such there be) and 
the said guardian or guardians are hereby empowered to 
settle accouuts receive (and if need be) to sue for and re- 
cover all just debts due to the said idiot, lunatic, non compos 
or distracted person, from any person or persons whomso- 
ever, and to manage, improve or divide the real estate in 
as full and ample a manner as the said idiot, lunatic, non 
compos or distracted person, might or could, were they re*- 
stored to the full use of their rational faculties and shall 
also be subject to the payment of all just debts owing by 
such person, wnich were contracted before his or her dis- 
traction, out of their personal estate or in case that be insuf- 
ficient, then out of the real estate in such way and manner 
as executors or administrators may or shall by law be ena- 
bled to discharge the debts of deceased persons, when the 
personal estate of such deceased persons shall be found in- 
sufficient. And in case any such idiot, lunatic, or distracted 
person, shall be restored to the use of his or her reason, the 
residue and remainder of the estate, real and personal shall 
be returned and delivered to him or her, and in case of his 
or her death, to his or her heirs, executors or administrators 
the guardian or guardians having first such a reasonable 
allow^ance out of the same for their charge and trouble as 
the judge of probate shall order. 

Sec, 6. That when any person by excessive drinking, 
gaming, idleness or debauchery, of any kind, shall so sperd, 
waste or lessen his or her estate as thereby to expose himself 
or herself or his or her family, or any of them, to w^ant or 
suflfering circumstances or shall by thus spending, wasting or 
lessening his or her estate, endanger or expose the town or 
county to which he or she belongs (in the judgment of the 
overseers of the poor thereof) to charge and expense for the 
maintenance or support of him or her or his or her family, or 
any of them, it shall be the duty of the overseers or overseer 
of the poor of the town to which such person belongs (more 
especially if ariy of the fiiends or relations of such person 
shall request it of them) in such case to lodge a complaint 
with the judge of probate for the county to which the person 
spending, wasting or lessening his estate as aforesaid doth 
belong: and if it shall appear to the judge of probate and 
two of the judges of the common pleas whom he shall call to 
Jiis assistance, tiiat the person complained of comes within 
the description of this act, and has liad due notice of the 
complaint exhibited against him or her, as the case may be, 



Guardians 
may be ap- 
pointed to 
drunkards, 
gamblers, and 
debauchees. 



s 
same 



PROBATE COURT ESTATE OF INSOLVENT INTESTATES. 381 

then, and in that case, tlie said judge of probate shall appoint 
some suitable and discreet person or persons, guardian or 
guardians to such person: and no sale or bargain of any real 
or personal estate made by such person or persons after the 
appointment of guardianship as aforesaid, shall be held valid 
in law, nor shall he or she be able to contract any debt or 
make any assumption: and the guardian or guardians that ^"^^^^^'^^"^ 
may be thus appointed, shall, in discharging the duties of their authorit- a" 
appointment, have the same authority, pursue the same me- those appoint- 
thod and be under similar obligation for a faithful discharge ed for idiot^^ 
of their trust, as guardians appointed for idiots, lunatics or ^' 
persons non compos mentis. 



\ Adopted from Pennsi^hanta — published June 16 — and took 
effect August 15, 1795—Maxweirsed. T, L. p. 93.] 

A law for the settiemeut of intestate's estates. 

Sec. 7. If any person or persons shall die intestate, being I^eal estate 
owners of lands or tenements within this territory, at the ^^^j^j^g^°^^y^-|.' 
time of their death, and leave lawful issue to survive them, to pay debt?, 
but not a sufficient personal estate to pay their just debts <S>:c. 
and maintain their children; in such case, it shall be lawful 
for the administrator or administrators of such deceased, to 
sell and convey such part or parts of the said lands or tene- 
ments, for defraying their j ust debts, maintenance of their chil- 
dren, and for putting them apprentices, and teaching them 
to read and write, and for improvement of the residue of 
the estate, if any be, to their advantage, as the Orphans' 
court of the county, vrherc such estate lies, shall think fit to 
allow, order and direct, from time to time. 

Sec 8. ProriG?er/ a/rya?/5. That no lands or tenements, con- J''?^'^^*'*,^'^" 

tained in any marriage settlement, sjliall, by virtue of this j^arria^e^ct- 

law be sold or disposed of, contrary to the form and effect tlements, not 

of such settlement: nor shall any Orphans' court, allow or*° ^^^°^^5 '^*^' 

order any intestate's lands or tenements to be sold, before 

the administrator, requesting the same, doth exhibit two or ^^"^,^"^!*^f " 

, J r I ' ?• J • 11 • tors to first de- 

morc; true and perlect inventories and conscionable cippraise-iiverinvcnto- 

ment of all the intestate's personal estate whatsoever; as ries and ap- 

also a just and true account, upon his or her solemn oath P^^^^^^^^"^^^* 

or affirmation, of all the intestate's debts which shall be then 

come to his or her knowledge; and if thereupon it shall 

appear to tlic court, that the intestate's personal estate will 

not be sufficient to pay the debts and maintain the children, 

imtil the eldest of them attains the age of tw^enty-one years, 

or to put them out to be apprentices, and teach them to 

read and write, then and hi every such case, and not other- 

^viM^, the court shall allow^ sucli administratcr to make pub- 



382 PROBATE COURT, •&('* 

lid^sale of so much of the said land^, as the court, apon the 
best computation they can make of the value thereof, shalf 
judge necessary for the purposes aforesaid; reserving the 
mansion-house and most profitable part of the estate till the 
last. But before any such sale be made, the court shall 
order so many writings to be made by the clerk, upon parch- 
Notice of sale ^ent, or good paper, as the court shall think fit, to signify 
® ^ ^^ ' and give notice of.such sales, and of the day and hour when^ 
and the place where the same will be, and what lands are to 
be sold, and where they lie: which notice shall be delivered 
to the sheriff or constables, in order to be fixed in the most 
public places of the county or city, at least ten days before 
sale; and the sheriffs or constables are hereby required to 
make publication accordingly: and the administrator that 
makes such sale shall bring his or her proceedings therein 
to the next Orphans' court, after the sale made. And if it 
shall happen that any lands be sold, by virtue of this law for 
more than the court's computation of the value thereof, 
then the administrator shall be accountable for the same, a& 
by this law is required for intestates' personal estates. 



[Act of October 28, 1799, 1 sess, G, A. T, p, 23.] 

An act to confirm and give force to certain laws, enacted by the governor 
and judges of the territory. 

rreamble. Whereas it hath been represented to the General Assembly,, 
by his excellency the governor of the territory, that, on 
several occasions, laws have been enacted by the govern- 
or and judges, of their own authority, and that those 
laws are of very doubtful obligation, and that they have 
been so spoken of from the bench: Therefore to confirm 
and enforce those laws, 
Sec. 1. That the laws and acts, and parts of laws and 
Laws confirm- acts herein after enumerated, (excepting such parts thereof 
f^d. as have been repealed or altered by subsequent existing laws) 

be, and the same are hereby declared to be in force within 
the territory, as fully and completely as though each and 
every of them (omitting such parts thereof as have been 
repealed or altered by subsequent existing laws) were herein 
recited at length and re-enacted, to wit: * * ^ 
Court of pro- * * * :^ ^ * * Also a law entitled 
"A law establishing a court of probate," published in the 
territory of the United States, north-west of the river Ohio, 
at the city of Marietta, the thirteenth day of August, A. D. 
one thousand seven hundred and eighty-eight, excepting so 
much thereof as respects the appointment and duties of the 
olerk. '^ 



bate. 



PROBATE COURT ESTATE OF INSOLVENT INTESTATES. S 383 

Sec. 2. That the above recited laws and acts, excepting To be in force, 
such parts thereof as have been altered or repealed by ex- 
isting laws, shall continue in full force throughout the terri- 
tory, until they shall be altered or repealed by the legisla- 
ture thereof. 

Sec 3. That every judicial act, and all and every other Proceedings 
act and proceeding whatever, heretofore had and done under, ^'^^^^• 
and by virtue of such aforesaid laws, or any of them, is and 
are hereby declared to be valid to every intent, as though 
the same laws, and every of them, had been adopted con- 
formably to the ordinance of Congress for the government 
of this tcrritorv. 



[Act of January 13, 1802, 1 sess. 2 G. W. T. p. 113.] 

An act for the distribution of insolvent estates. 

Sec. 1. That whenever the estate of any person deceased Insolvent es- 
shall be insolvent or insufficient to pay all just debts which ^^*^'J^ ^® .. 
the deceased owed, the same shall be distributed to and^JJ"' 
among the creditors, including the whole of them,in proportion 
to the sums to them respectively due and owing, saving that 
the debts due for all rates and taxes, and debts due to the 
United States, the territory or county, and for the last sick- 
ness and necessary funeral expenses of the deceased, arc 
lirst to be paid: and the executor or administrator appointed 
to any such insolvent estate and accepting such trust, before 
payment to any be made, except as aforesaid, shall, within 
thirty days after proving the will or granting letters of ad- 
ministration as aforesaid, represent the condition and cir- 
cumstances thereof unto the judge of probate; and the said 
judge shall nominate and appoint two or more fit persons to 
Ixe commissioners, with full power to receive and examine all Commission- 
claims of the several creditors, who are hereby authorized ers appointed 
to iadminister oaths, examine witnesses, books and papers, ^^ ^^amine 
touching the validity of all claims which may be exhibited, 
in any wise alFecting such decedent's estate: and the said 
commissioners shall cause the times and places of their meet- 
ing to attend the creditors for receiving and examining their 
claims, to be made known, by causing notifications thereof to 
be posted up in three of the most public places in the town- 
ship, and upon the door of the court-house in the county 
where such deceased person last dwelt, and of the adjoining 
counties within the territory; or by causing an advertisement 
thereof to be printed in such public newspaper or papers as 
the judge of probate shall direct; and six months, and such Limitatioa to 
further time not exceeding eighteen months, as the circum-claime. 
stances of any estate may require, shall be allowed by tho 



364 m PROBATE COURT — ESTATE OF INSOLVENT INTESTATES* 

said judge to the creditors, for bringing in and proving their 
claims; at the end of which limited time, such commissioners 
shall make their report, and present, upon oath, a list of all 
the claims that shall have been laid before them, with the 
sums they shall allow on each claim, to the judge; and thef 
judge shall allow them a reasonable recompense out of the 
estate of the deceased, for their care and labor in examining 
the claims: and the debts due for all rates and taxes, and 
debts due to the United States, the territory or county, debts 
incurred for the last sickness of the deceased and necessary 
funeral expenses, as before provided, being first deducted, he 
shall order the residue of the estate, both real and personal, 
Jiulge of pro- the real estate being sold according to law, to be paid and 
estate sold, distributed to and among the creditors, who shall have made 
out their claims with the commissioners as aforesaid, in propor- 
Dower saved, tion to the sums unto them respectively due and owing, saving 
unto the widow, if any there be, her right of dower in the 
lands and tenements, and also her wearing apparel, and one 
bed, with the usual furniture thereto belonging: and urJess 
the orphan's court of the proper county should order the re- 
version of such part of the lands or other real estate, set apart : 
and assigned to the widow for her dower, to be sold subject ' 
to her right, which the said court is hereby authorized to do, 
upon the prayer of a majority of the creditors, and distribut- 
ed together with the other estate of the deceased; the said 
real estate so set apart for dower, shall, after the death of 
the widow, or the expiration of her term, be sold; and the 
proceeds arising therefrom be distributed amongst all the 
creditors of such deceased person, in proportion to their 
several demands which shall have been proved and allowed 
i'roviso* as aforesaid: Provided^ That nothing in this act contained 

shall affect the lien of any mortgage or judgment, exe- 
cuted or obtained in the life time of the deceased, on the 
lands, tenements and real estate of the deceased, but the 
said lands, tenements and real estate shall be sold, subject tO 
such lien. 
Jfoaction. Sec. 3. That no action brought against any executor or 

shall be sus- administrator after the estate shall be represented insolvent, 
exem?tor&c^^ ^^'^^^ ^^ sustained, excepting actions brought for debts due to 
except on the United States, the territory or county, or for the last sick- 
mortgages, ness or reasonable funeral charges of the deceased, or on 
^^' judgments obtained or mortgages executed in the life time of 

the deceased, or on demands rejected by the commissioners, 
or demands allowed by the commissioners and objected to 
by the executors or administrators; in either of which cases 
actions may be brought and sustained; and if any action shall 
be instituted on any demand rejected by the commissioners, 
or allowed by the commissioners, and objected to by the ex- 
ecutor or administrator, and judgment be thereon rendered 
/or the plaintiff, the costs of such action shall be paid out of 



JPROBATE COURT — ESTATE OF INSOLVENT DEBTORS.- '385 

the estate of the deceased, and the plaintiff shall be entitled 
to receive his proportional dividend of the residue of the 
estate, with the other creditors. 

Sec. 5. That the law of this territory, entitled "An act Laws repealed" 
for the equal division and distribution of insolvent estates," 
and the law^ of the territory, entitled "An act as to the order 
of paying debts of persons deceased," be, and they are hereby, 
repealed : Provided alz^ays^ That all proceedings had or to be Proviso^ 
had under either of the aforesaid laws, and prior to the taking 
effect of this act, shall be conducted and settled in the same 
manner as though this act had never been made, any thing 
herein contained, to the contrary, notwithstanding. 

This act shall take effect, and be in force, from and after Effects 
the first day of May next. 



[Act of February 1, 1805—3 v. L, O. p. 192.] 

An act defining the duties of administrators on wills and intestate estates^ 
and providing for the appointment of guardians. 

Sec. 11. That a law establishing courts of probate, pub- Laws and ad|s 
lished June sixteenth, one thousand seven hundred and ninety- '^P^^^^*^* 
five, and "An act empowering the judges of probate to ap- 
point guardians to minors," passed August, one thousand 
seven hundred and ninety-two, and all other laws on the 
subject of this law^, are hereby repealed. 



[Ad of February 2, 1805, took effect June \^ S v. L. O, p, 241.] 

An act for the relief of insolvent debtors. 

Sec. 4. That on the final hearing and determination of Court to ap« 
the court on the petition of any insolvent debtor, it is hereby point trusteej 
made the duty of the court, to appoint one or more trustees, 
for the purpose of accepting and receiving a conveyance or 
assignment from each insolvent petitioner, of all the land^, 
tenements, hereditaments, goods, chattels, rights, credits and 
effects (excepting such effects as are herein after excepted) 
as the said petitioner may possess; and before the trustees 
appointed as aforesaid, proceed to act under the authority 
of their appointment, they shall give bond to the court, 
with sufficient sureties to the acceptance of the court, in 
double the amount of the property to them transferred by 
such insolvent petitioner, conditioned for the faithful per- 
formance of their trust. 

Sec. 5, That the said trustee or trustees are hereby em^ 
powered to determine and adjust all controversies whicl^ 

3 A 



^86 PROBATE COURT — ESTATE OF INSOLVENT INTESTATES. 

Power and du- arise in the settlement of such insolvent petitioners' affairs, 
ty of trustees, either by suit at law or by arbitration, and such insolvent ' 
petitioners, in all cases, shall be entitled to fl set off of all de- 
mands against any and every creditor having claim against 
him; and the trustees may institute any suit or suits for the 
recovery of any and all debts, dues and demands, which may 
have been transferred or conveyed to them as aforesaid, in 
trust for the use of the creditors, and no suit instituted by 
such insolvent petitioner, and which is pending at the time 
of his assignment, s' all abate thereby, but shall be continued 
in his name, and if recovery shall be had, the avails thereof 
shall be assets in the hands of the trustees, for the payment 
of the debts of the insolvent petitioners. 
Distribution Sec. 6. That the trustees aforesaid, after having collected 
o oma e. ^jj ^j^^ debts, dues and demands, to them assigned, in trust 
as aforesaid, and after having converted all other property, 
to them assigned, in trust aforesaid, into money, shall pro- 
ceed without delay to make an equal dividend of the same, 
agreeable to the provision herein after specified, among the 
creditors who shall have exhibited their claims, in proportion 
to the amount of their just demands respectively: Provided, 
That the trustees may retain, for their services and expenses, 
such compensation as the court shall adjudge reasonable; 
also, that the court shall allow the insolvent petitioner to re- 
tain the necessary wearing apparel and bedding, for himself 
and family. 



lAd of February 1 1, 1805, 3 v. L. 0, p. 185.] 
An act dirctjting the distribution of insolvent estates. 

Acts repealed. Sec. 5. That "An act for the equal division and distribu- 
tion of insolvent estates," "An act as to the order of paying 
debts of persons deceased," and "An act for the distribution 
of insolvent estates," are hereby repealed. 
, This act shall take effect, and be in force, from and after 

^^'"'^- the first dav of June next. 



[M of February 1 3, 1 8 1 5, 1 3 r. L. O. p. 1 64.] 

An act to provide for the safe keeping of Lunatics, and for other purposes. 

Sec. 8. That the overseers of the poor, who may have 
in their hands any estate, real or personal, of any idiot, non 
rompos^ lunatic or other insane person for whom a guardian 
or guardians shall be appointed as aforesaid, shajl deliver 



PROBATE COURT ESTATE OF LUNATICS, &C^ 387 

over such estate into the hands of the said guardian or guar- 
dians, and take a reseipt therefor, which shall be filed in the 
office of the clerk of the court of common pleas; and such 
guardian or guardians shall improve, frugally and without 
waste, such estate, a: d shall apply the same, or the annual 
profits thereof, for the maintenance of such idiot, non compos^ 
lunatic or insane person, together with his or her family (if Powers of 
such there be;) and such guardian or guardians shall have guardians 
power to settle accounts, receive, sue for, and recover, all J^^'^^^^_^^^ 
just debts due to such person; to improve and manage the ' 

real estate, agreeably to law, in as full and ample a manner 
as such idiot, non compos^ lunatic or insane person could do, 
U he was restored to the use of his reason; and shall also be 
subject to the payment of all just debts of such person, con- 
tracted prior to his or her insanity or disability, out of the 
personal estate, or in case that be insufficient, then out of 
the real estate, in such manner as executors or administra- 
tors are enabled by law to discharge the debts of personal 
[persons] deceased. 

Sec 9. That the court of common pleas in each county. Guardian* 
are hereby empowered to appoint guardians for the children "*^y ^ ^V' 
of such idiot, 7io?i compos, lunatic or insane person, in the J^IJJl^gj^ ^1- j^. 
same manner as though their parents were deceased: Pro- natics, &c. 
vided, That such guardianship shall cease at the time when, 
according to the provisions of this act, such idiot, non com- 
pos, lunatic or insane person, shall be adjudged to be re- 
stored to the use of his or her reason. 

Sec 11. That the act, entitled "An act for the appoint- L^^^g ^.g^v^i^ 
ment of guardians to lunatics and others," passed January ed. 
the fifteenth, eighteen hundred and five, is hereby repealed. 

This act to take effect, and be in force, from and after the Effect 
first day of March next. 

Note — Estates of Idiots, Lunatics, Arc. Act of January 14, 1817, 
15 V. p. 55. This supplementary act defines the powers and provides for 
the appointment of guardians to such lunatics as abandon their property 
and remove or escape out of the country. 

Act of December-?-! 818, 17 v. p. 4. Points out the mode of disposing 
of the lands of lunatics of other stales, and authorizes guardians to carry 
into effect executory contracts. 

Act of January 4, 1820, 18 v. p. 3. Defines the powers of guardians of 
lunatics, &c. over the real estate, &c. and repeals the act of February IS, 
1815, of January 14, 1817, and of December 1818. 

Act of December 26, 1820, 19 v. p. 13. Court of common pleas of Trum? 
bull county may appoint a guardian to Daniel Borden a lunatic. Guar- 
dian may sell lands, &c. 

Act of February 2, 1822, 20 v. p. 49. Guardians may be appointed to 
deaf and dumb persons, and to have the same powers as other guardians^ 
&c. 

Act of Junary 29— took effect June 1, 1824, 22 v. p. 140. Guardians of 
idiots, &c. may sell real estate. Sec. Repeals acts of January 8, [4] 1820 
and February 2, 1822. 

Act of February 5, 1824, L. L. 1823—4, p. 21. Guardians of Rebecca 
Bumgarner, an idiot, authorized to sell lands. Sec. 

Ap^IMSTRATORS SALEOF LArjDS. &;C, OF I.^TESTATES, Act of JaUJiaj;^/' 



^B$ PROBATE COUtlT,&:C. 

25 — took effect May 1, 1816, 14 v. p. 141. When and how real estate of 
intestate shall be sold, &c. Act of February 10, 1810 and the act supple- 
mentary thereto of February 8, 1812, (both published under title "Wills'* 
post.) repealed. 

Act of January 29, 1818, 16 v. p. 121. The reversionary interest which 
may arise after tenancy in dower determined, shall be sold. This act was 
repealed June 1, 1824. See 22 v. p. 1^2, sec 28. 

Act of February 11 — took effect (except as to proceedings pending and 
execution of judgments rendered) June 1 , 1824, 22 v. p. 124. Equitable in- 
terests, &;c. of insolvent intestates may be sold. This act repeals act of 
January 25, 1816, and all other acts coming within its purview. 

Act of February 7, 1825, 23 v. p. 26. Lands sold by an administrator, 
which are bound by a judgment, and encumbered after rendition of the 
judgment, shall be held by purchaser as free frcm same, as if sold under 
execution upon the judgment. Foreign administrators may sell lands own- 
ed by intestates in this state. 

Act of January 13, 1825, L. L. 1824—5, p. 37. Sale of lands made by 
the administrators of William Byers confirmed, <S:c. 

See note ante p. 279. 

Estate of insolvetst debtors. Act of February 23 — took effect June 
1, 1824, 22 V. p. 326. Act of February 2, 1805 repealed. 

Act of December 29, 1824, 23 v. p. 13. Amendatory of the act of Fe- 
bruary 23, 1 824;. 



l&tal ^ontvmtrs iit^'m ISntovceii: 



[Ad of Januanj 4, 1802, 1 sess. 2 G. A, T, p, 78.] 
An act providing for the execution of real contracts in certain cases. 

Sec. 1. That if two or moi*e persons who heretofore have Coparcener?, 
held, or who hereafter may hold lands as coparceners, joint ^.^-^^y^^S'^"^" 
tenants, or tenants in common, have heretofore, or shall here- titlon court ' 
after, become obligated for the sale and conveyance of the and have con- 
same, or of anv part thereof, or if any one or more of the*^^^^^o"^P^^'^=^ 
said coparceners, joint tenants, or tenants in common, after ^ ' 
the said contract, and before the conveyance of the land so 
contracted for, hath or have died, or shall die, it shall be 
lawful for the survivor or survivors, to present a petition to 
the orphans' court of the county in which the land so con- 
tracted for may or shall be situated, setting forth the facts 
relative to the said contract, and praying for an order for 
the execution thereof; and if it shall appear to the said court, pj-QQ^ygq^jye^i^: 
by good and sufficient testimony, that such contract hath 
been made, and hath been fully complied with, on the part 
of the purchaser or purchasers, or that the said purchaser 
or purchasers is or are then ready to comply with the said 
contract, according to the terms thereof, so that he or they 
hath or have a full right to demand and receive a convey- 
ance of the said land, or any part thereof, it shall be lawful 
for the said orphans' court to make an order authorizing and 
empowering the said survivor or survivors to complete the 
said contract, by conveying the land so contracted for; and jjggj may he 
the deed so made and executed, by virtue of the order executed and 
aforesaid, shall convey as complete and perfect a title, and effect, 
shall in all respects have the same effect as if the said deed 
had been executed by all the said coparceners, joint tenants, 
or tenants in common. 

Sec. 2. That the said petition shall recite the names of Substance of 
-all the contracting parties, the situation, quantity and des- petition, 
cription of the land so contracted for, and the time of making 
such contract, and the deed to be made by virtue of the 
order aforesaid, shall recite the said order; and it shall be 
the duty of the clerk of tbe said court, to record the said 
petition at length, and the order thereon graated. 



390 HEAL CONTRACTS HOW ENFORCED. 

Execntors,ad- ^Ec. 3. That if any person or persons who have or shall 
ministrators, enter into any contract for the sale and conveyance of land 
&c.maycom-Qp other real property, and before the completion of sucli 
pee cou rac (,Qj^^j.a(,|- qjj ]^jg^ j^gj. qj, their part, have or shall die, leaving 
heirs under the age of twenty-one years, and the executor 
or executors, administrator or administrators, or other legal 
representatives of such person or persons, so deceased, or 
who may hereafter die, may or shall be desirous of complete- 
ing such contract or contracts, for and on behalf of such mi- 
nor children and heirs, siich executor or administrator, or 
other legal representative, may petition the orphans' court of 
that county in which the land or other real property shall be 
situated, particularly stating the contract, in the like manner 
as is provided in the case of a survivor or. survivors, and the 
fame orders and regulations shall be made and pursued as 
is herein above provided and pointed out in case of a survivor 
or survivors ; and upon sufficient proof of such contract having 
been made and entered into, being given to the satisfaction 
of the said court, an order of court shall be made, autho- 
rizing and appointing the executor or executors, administra- 
tor or administrators, or other legal representatives of such 
deceased person, or such other person as the said orphans' 
court may deem suitable and proper, fully to complete the 
said contract or contracts of such deceased person or persons, 
WIio raay and to make and execute a deed or deeds of conveyance for 
for heirs! ^^ ^"^ ^" behalf of the heir or heirs of such deceased person or 
persons, according to the term and stipulations of such con- 
tract or contracts; and the person or persons so authorized 
by the said orphans' court as aforesaid, shall pursue the same 
rules in making a conveyance as are provided in the case of 
Effect of con- j^ survivor or survivors, and such conveyance when made 
yance. according to the provisions of this act, shall be binding upon 
the heirs and all other persons interested, in the same manner 
as though the conveyance had been made by the person or 
persons making such contract or contracts, in his or their 
lifetime. 

Parties to bo Sec. 4. That it shall be the duty of the said court, before 
jBecured. the granting of the order aforesaid, to secure or cause to be 

secured to and for the benefit of the estate or estates of the 
said deceased party or parties, their just part and proportion 
of the consideration of the said contract, and the person 
petitioning for such order, shall pay to the court, for receiv- 
ing, hearing and deciding on the same, the sum of one dollar, 
and to the clerk of the sc.id court, for making the necessary 
entries, the sum of twenty-live cents; and if the said order 
be granted, the further sum of ten cents for every hundred 
words contained in the said petition and order, for recording 
the samr^. 



tvEAL CONTRACTS HOW ENFORCED^. ^d\^ 

[Ad of February 19, 1805, 3 v. L. O. p. 137.] • 
An act providing for the execution of real contracts in certain cases. 

Sec. 1. That if two or more persons, who heretofore have Court of com- 
ixeld or who hereafter may hold lands as coparceners, joint "^^"P^c^s'^^y 
tenants or tenants in common, have heretofore or shall here-J'^™^^ ^^^ J^e' 
after become obligated for the sale and conveyance of conveyance of 
the same or of any part thereof, or if any one or more of the ^^"^^^ o" P^^i- 
said coparceners, joint tenants or tenants in common, after ^^°"* 
the said contract and before the conveyance of the land so 
contracted for, hath or have died or shall die, it shall be law- 
ful for the survivor or survivors, to present a petition to the 
court of common pleas of the county in which the land so 
contracted for, may or shall be situated, setting forth the 
facts relative to the said contract and praying for an order 
for the execution thereof, and if it shall appear to the said 
court, by good and sufficient testimony, that such contract 
hath been made and hath been fully complied with on the part 
of the purchaser or purchasers, or that the said purchaser 
or purcliasers is or are then ready to comply with the said 
contract, according to the terms thereof, so that he or they 
hath or have a full right to demand and receive a convey- 
ance of the said land, or any part thereof, it shall be lawful 
for the said court of common pleas to make an order autho- 
rizing and empowering the said survivor or survivors, to com- 
plete the said contract, by conveying the land so contracted 
for; and the deed so made and executed, by virtue of the or- 
der aforesaid, shall convey as complete and perfect a title 
and shall, in all respects, have the same effect as if the said 
deed had been executed by all the said coparceners, joint 
tenants or tenants in common. 

Sec -2. That the said petition shall recite the names of all Whatthepeti^ 
4\ ± j^' .' ii •. j^- 1^-^ 11 . ,. tion shall con ■ 

the contractmg parties, the situation, quantity and description tain. 

of the land so contracted for, and the time of making such 
contract, and the deed to be made, by virtue of the order 
aforesaid, shall recite the said order; and it shall be the duty 
of tlie clerk of the said court, to record the said petition at 
length and the order thereon granted. 

Sec. 3. That if any person or persons, who have or shall Executors, 
enter into any contract for the sale and conveyance of land pjet^eon^^"^^ 
or other real property, and before the completion of such tracts on bc- 
contract on his, her or their part, have or shall die, leaving half of infant 
heirs under the age of twenty-one years, and the executor ^^^'^^* 
or executors, administrator or administrators, or other legal 
representatives of such person or persons so deceased, or 
who may hereafter die, may or shall be desirous of complet- 
ing such contract or contracts, for and on behalf of such mi- 
nor children and heirs, such executor or administrator, or 
other legal representative, may petition the court of common 



390 BEAL CONTRACTS HOW EVTORCEV. 

pleas of that county in which the land or other real property 
shall be situated, particularly stating the contract, in like 
manner as is provided in the case of a survivor or survivors, 
and the same orders and regulations shall be made and 
pursued, as is herein above provided and pointed out in 
case of a survivor or survivors, and upon sufficient proof oil 
such contract having been made and entered into being 
given, to the satisfaction of the said court, an Order of court 
shall be made, authorizing and appointing the executor or 
executors, administrator or administrators, or other legal 
representatives of such deceased person, or such other per- 
son as the said court of common pleas may deem suitable 
and proper, fully to complete the said contract or contracts 
of such deceased person or persons, and to make and exe- 
Conrcyancc cute a deed or deeds of conveyance for and on behalf of the 
under order of heir or heirs of such deceased person or persons, according 
court, binding to the terms and stipulations of such contract or contracts, 
and the person or persons so authorized by the said court of 
common pleas as aforesaid, shall pursue the same rules in 
jnakin^ a conveyance as are provided in the case of a survi- 
vor or suvivors, and such conveyance, when made according 
to the provisions of this act, shall be binding upon the heirs. 
and all other persons interested, in the same manner as 
though the conveyance had been made by the person or 
persons making such contract or contracts, in his or their 
lifetime. 
Courts to 96- ^^'^' '^' That it shall be the duty of the said court, before 
cure to parties the granting of the order aforesaid, to secure or cause to be 
their proper- secured, to and for the benefit of the estate or estates of the 
tions. g^- J deceased party or parties, their just part and proportion 

of the consideration of the said contract, and the person peti- 
tioning for such order shall pay to the clerk of the said 
court, for making the necessary entries, the sum of twenty- 
five cents, and if the said order be granted, the further sum 
of ten cents for every hundred w^ords contained in the said 
petition and order, for recording the same. 

Sec 5, That an act, entitled "An act providing for the 
^ct repealed, execution of real contracts in certain cases," be, and the same 
is hereby, repealed. 

This act shall commence, and be in force, from and after 
Effect. the first day of June next. 



[Ad of January 30, 1807, 5v, L. O. p. 107.] 

An act to amend the act, entitled "An act providing for the execution of 
real contracts in certain cases." 

Sec. 1 , That if any person or persons, who have entered 
or shall enter into any written contract for the conveyance 



AEAt CONTRACTS HOW ENFORCED* 393 

%>i land or other real property, and before the completion ofContracts 
«uch contract, on his, her or their part, have died, or ^^'^^ll JJ'j^f^.to effect 
die, leaving an heir or heirs; guch contract shall be carried o^ behalf of 
into effect, in the same manner as though such heir or heirs heirs, 
were under the age of twenty-one years. 

Sec. 2. That if any person or persons, who have entered Heirs or gfliyr- 
or shall hereafter enter into any written contract for thediansmay 
purchase of any land or other real property has died, or shall J^'^P^^^^'^" 
die, leaving an heir or heirs; such heir or heirs, his, her oryey. 
their guardian or guardians, may compel the conveyance of 
such land, in the same manner, as such deceased person 
might have done, agreeable to the provisions of the act, en- 
titled "An a'ct providing for the execution of re^l contracta 
in certain cases." 



[Act of January 16, 1810, 8t. L. O, p. 29.] 

An act providing for the execution of real contracts in certain cases. 

Sec 1. That if two or more persons, who heretofore have Contract* 
held or may hereafter hold lands, as coparceners, joint tenants m^y be carried 
or tenants in common, have heretofore or shall hereafter, be- petition to ^ 
come obligated for the sale and conveyance of the same, or court, 
of any part thereof, or if any one or more of the said copar- 
ceners, joint tenants or tenants in common, after the said con- 
tract and before the conveyance of the land so contracted 
for, hath or have died or shall die, it shall be lawful for the 
survivor or survivors to present a petition to the court of 
common pleas of the county in which the land, so contracted 
for, may or shall be situated, setting forth the facts relative 
to the said contract, and praying for an order for the execu- 
tion thereof: and if it shall appear to the said court, by good 
and sufficient testimony, that such contract hath been made^ 
and hath been fully complied with, on the part of the pur- 
chaser or purchasers, or that the said purchaser or purchasers, 
is or are then ready to comply with the said contract, ac- 
cording to the terms thereof, so that he or they hath or have 
a full right to demand and receive a conveyance of the said 
land, or any part thereof, it shall be lawful for the said court 
of common pleas to make an order, authorizing and empow- 
ering the said survivor or survivorg to complete the said con- 
tract, by conveying the land so contracted for; and the deed so 
made and executed, by virtue of the order aforesaid, shall 
convey as complete and perfect a title, and shall, in all re* 
€pects, have the same effect as if the said deed had been exe- 
cuted by all the said coparceners, joint tenants or tenAUtsi> 
tommon. 

3B 



od4 REAL CONTRACTS KOW ENFORCED. 

Whatpetition ^^^' ^' ^^^^^ ^lie said petition shall recite the names of all 
shall contaiH. the contracting parties, the situation, quantity and descrip-' 
tion of the la;nd so contracted for, and the time of making 
such contract; and the deed to be made, by virtue of the or- 
der aforesaid, shall recite the said order, and it shall be the 
duty of the clerk of the said court,- to record the said peti- 
tion at length, and the order thereon granted. 
Ad 'n* tra- ^^^' ^* That if any person or persons, who have, or shall 
tors, &c. may enter into any contract for the sale and conveyance of land 
petition con- or other real property, and before the completion of such 
tract for heirs, contract on hisi^ her or their part, have, or shall die, leaving; 
minors or oth- 1 • r i.\ ^ c ^ i- ^t, • j 

erwise, heirs cinder the age of twenty-one years^ or otherwise, and 

the executor or executors, administrator or administrators, 
or other legal representatives of such person or persons 
so deceased, or who may hereafter die, may or shall 
be desirous of completing such contract or contracts, for 
and on behalf of such heirs, such executor, administrator or 
other legal representative, may petition the court of common 
pleas of that county in which the l^inds or real property shall 
be situated, particularly stating the contract, in like manner 
as is provided in the case of a survivor or survivors; and the 
Court may same orders and regulations shall be made and pursued as is 
order convey- j^g^.^^^^ above provided and pointed out in case of a survivor 
or survivors; and upon sufficient proof of such contract having 
been made and entered into, being given, to the satisfaction 
of the said court, an order of court, shall be made, authoriz- 
ing and appointing the executor or executors, administrator 
or administrators, or other legal representatives of such de- 
ceased person, or such other persons as the said court of com- 
mon pleas may deem suitable and proper, fully to complete 
the said contract or contracts of such deceased person or per- 
Efiectofdeed. ^^^^9 ^"^ ^^ make and execute a deed or deeds of convey- 
ance, for and on behalf of the heir or heirs of such deceased 
person or persons, according to the terms and stipulations of 
such contract or contracts, and the person or persons so au- 
thorized by the said court of common pleas as aforesaid, shall 
pursue the same rules in making a conveyance, as are pro- 
vided in case of a survivor or survivors; and such conveyance, 
when made according to the provisions of this act, shall be 
binding upon such heirs, and all other persons interested, in 
the same manner as though the conveyance had been made 
by the person or persons making such contract or contracts, 
in his or their life time. 
Heirs &c. ^^^' ^* That if any person or persons who have entered, 

may complete or shall hereafter enter into any written contract, for the 
contract in purchase of any land or other real property, has died or shall 
like manner, dje, leaving an heir or heirs, such heir or heirs, his, her or 
their guardian or guardians, may compel thq conveyance of 
such land, in the same manner as such deceased person might 
have doncj agreeable to the provisions of this act. 



^EAL CONTRACTS HOW ENFORCED. 393 

Sec. 5. That it shall be the duty of the said court, before Court to sg- 
the granting of the order aforesiiid, to secure or cause to be *^"^^"o^*'^^ 
secured to, and for the benefit of the estate or estates of the 
said deceased party or parties, their just part and proportion 
of the consideration of the said contract ; and the person pe- 
titioning for such order, shall pay to the clerk of the said 
court, for nnaking the necessary entries, the sum of twenty-five 
cents, and if the said order be granted, the further sum of 
ten cents for every hundred words contained in the said pe- 
tition and order, for recording the same. 

Sec. 6. That the "Act providing for the execution of real Acts repealeU-,, 
contracts, in certain cases," passed the nineteenth of Febru- 
ary, one thousand eight hundred and five, and the "Act to 
amend the same," passed the thirtieth of January, one thou- 
sand eight hundred and seven, be, and the same are hereby, 
repealed. 

This act to take effect, and be in force, from and after the Effect*, 
first day of June next. 



SrJil^* 



[Ad of February 11,1 805, 3 v. L.O.p.^W . j 

An act defining seals to be affixed to instruments of writing. 

Powers of at« ^^^* ^ • That to all deeds, bonds, wills, powers of attorney 
torneyT wills, for the Conveyance of real estate, which shall hereafter be 
deeds, &c. executed within this state, there shall be affixed a seal, either 
with wax wa- ^^ ^'^^' Wafer or ink, otherwise called a scrawl; and all 
fer, or ink. other instruments of writing, which may hereafter be exe- 
cuted, to which by law, a seal is or may be made necessary, 
each of the before mentioned methods of sealing shall have 
Trovisd. equal effects in law: Provided^ That nothing in this section 
shall be construed in any wise to affect any law requiring 
any specific seal to be affixed to any instrument of writing 
therein mentioned. 
Act repealed* ^^^' ^* That the act, entitled "An act defining seals affix- 
* ed to certain instruments of writing," be, and the same is 
hereby, repealed. 
Effect. This act shall comnence, and be in force, from and after 

the first day of June next. 

Note — Act of December 22, 1824, 23 v. p. 15, Repeals so much of the 
above act of February 11, 1806, as requires a se&l to be affixed to wills. 



SiiV' 



[Founded on and adopted from Pennsylvania — published June 
19, and took effect October 1, \ld5—MaxiveWs ed, T. L, 
;). 118.] 

A law for raising county rates and levies. 

Sec. 19. If upon complaint of the treasurers to the com- Delinquent 
missioners, as before directed to be made, it shall happen collectors pun- 
that any of the collectors refuse or neglect to pay the said^^ ^ ^ 
sums of money, or other effects, which he or they shall re- 
spectively be charged to collect; or to produce receipts, testi- 
fying the payment or delivery thereof, as aforesaid; or to 
deliver the money or orders on the treasurers, by them re- 
ceived and required of them by this law (first retaining such 
sums as are hereby allowed for collecting and paying the 
same) then the commissioners of the proper county, or any two 
of them, shall fine every such delinquent collector in any sum 
not exceeding double the sum in which they are delin- 
quent, and appoint others in his or their stead, as collectors. 

Sec. 20. It shall be lawful for the said commissioners of Personal and 
the proper county, or any two of them, and they are hereby ^^4 ^^*^^^ , 
required to meet and issue their warrants, under their hands able. 
and seals directed to the sheriff or coroner of the proper 
county, requiring him to take the body, and seize and secure 
the estate, real and personal, belonging to such dehnquent 
collectors, or which shall come to the hands or possessLen of 
his or their heirs, executors or administrators, whereby the 
same can be discovered or found in the territory, and make 
return of his proceedings therein, at such time and place as 
the commissioners shall appoint. 

Sec 21. The said commissioners who shall cause tlfe How such es- 
said lands and estates to be seized and secured, as afore- *^*^^ °^^^* ^'^^ 
said, shall, and are hereby empowered to appoint a time ^^ 
for a general meeting of the commissioners of each coun- 
ty; and to cause public notice to be given, where such meet- 
ing shall be appointed, six days at least, before such general 
meeting: and the commissioners, then present at such meet- 
ing, or the major part of them, in case the money detained by 
S'lch delinquent collector be not then paid or satisfied, shall. 



33J 



TAX. 



and are hereby empowered and required to issue forth their 
warrants or precepts, to the sheriff or coroner of the proper 
county, requiring and commanding him to sell and dispos-e of 
all such estates as shall, for the cause aforesaid, be seized 
and secured, or any part thereof; and to bring the money, 
arising by such sale, to the commissioners who granted such 
warrant, in order to satisfy and pay unto the respective 
county treasurers, for the time being, the sum or sums of 
money that shall be so unpaid or detained, in the hands of 
the said collectors or other persons, their heirs, executors or 
administrajtors respectively, with damages for what shall be 
so unpaid, returning the overplus, if any be, to the owner, 
after all necessary charges deducted. 
Sheriff shall Sec. 22. When any sale of lands, tenements or heredita- 
makeadcei]. ments, shall be made by such sheriff or coroner respectively, 
the title and conveyance thereof shall be by deed, signed, 
sealed and delivered by the sheriff or coroner to such per- 
son or persons as shall purchase the same, in fee simple, or 
otherwise, which shall be most absolute and avertable, in 
law, against the said delinquents and their heirs and assigns, 
and all claiming under them. 
Gifts, grants, Sec. 23. All gifts, grants and sales which shall be made 
and sales by by any of the said delinquent collectors, or other officers, re- 
c^1"*\ars* r sp6ctively,of any of their said estates, after the time they should 
declared frau- t^^ve paid the money or effects arising from the said assess- 
dulent. ments, unless the estate, so seized be sufficient to answer 

what they shall be in arrear, are hereby declared to be 
fraudulent, and shall not prevent or avoid the seizure and 
sales, hereby appointed, to be made thereof, as aforesaid. 

., - . „ Sec. 26. If any of the said commissioners shall refuse or 
(commission- > ^ . j i • -r • i i. • .u • i ^i 

ers 2:uilty of neglect to do his or their duty in the premises, he or they 

negligence tin- so offending shall be fined by the justices of the peace of the 
*'°' proper county, for the time being, at their court of general 

quarter sessions of the peace, next after the said offence is 
committed, in any sum not exceeding one hundred dollars 
for every offence, which, by yirtue of a warrant under the 
hands and seals of the said justices, or any two of them, di- 
rected to the sheriff or coroner of the county where such of- 
fender, or his estate, is at the time of issuing such warrant, 
shall be levied by seizure and sale of lands, distress and sale 
1 • of goods or imprisonment of body, as the case shall require: 
^^ ^ ^ 'and from and after such refusal or neglect, or if any of the said 
commissioners shall misbehave themselves, or happen to die 
during the time for which they are appointed, the justices of 
the peace, at their general quarter sessions next after each 
death, refusal, misbehaviour or neglect, shall, in every such 
case, appoint others to act in their stead. 
Treasurers Sec. 27. If any of the said treasurers shall refuse or neg- 

abusing trusts, lect to do his duty, as by this law is required, he shall be fin- 
to be fined. ^^^ |_,^ ^y^Q Qj. jj^j.^ ^^i* ^Yi(^ commissioners for the county 



tax; 



399 



where he is deficient in his duty, in any sura not exceeding Fines, how 
three hundred dollars, for every offence, which shall be^^^^^^* 
levied as aforesaid, by virtue of a warrant under the hands 
and seals of two or more of the same commissioners, directed 
as aforesaid. 

Skc. 28. If any of the said assessors shall refuse or neglect ^•'^^^^^°" ^^y 
to do their duty, as this law requires, the commissioners of 
the proper county, or any two of them, shall fine every such 
assessor, in any sum not exceeding one hundred dollars, 
which shall be levied by one of the same commissioners' 
warrant, in manner aforesaid: all which fines and forfeitures To be levied 
mentioned in this law, shall be levied as aforesaid, and shall ^^^^"^^^'^^^ 
be paid and added to the public stock or fond of the ro 
spectivc counties where they shall happen. 



[.Adopted from Kentucky — -puhlished May 1, and took effect 

Dacemher 1, 11 d^— Freeman'' s &d, T, L. p, 23. * 

A law for the purpose of inclu'ling all unsettled and unimproved tracts or 
parcels of land and subjecting them to taxation. 

Sec. 1. There shall be paid within this territory the fol- classes and 
lowing taxes for every hundred acres of unimproved un- rates, 
cleared prairie or wood land, the following; sums according 
to the following Glasses: the land shall be divided into three 
classes according to their quality, tliat is to say, first, second 
and third rate, taking into view the surface of the earth as 
well as the quality of the soil: the first rate shall be taxed at 
thirty cents, the second rate at twenty cents, and the third 
rate at ten cents per hundred acres, {Hid in the same propor- 
tion for a greater or less quantity; which taxes shall be as- 
sessed, collected and paid annually into the county treasury, 
in the same manner, and by the same commissioners, assessors, 
collectors and constables, who are appointed, qualified and 
authorized for fiscal purposes, by a law of the territory for 
raising county rates and levies, and the raone}', when raised, 
shall be appropriated for the same purposes, by the same 
agents, and under the same regulations as monies raised by 
the law for raising county rates and levies. 

Sec. 2. And the following rulg shall be observed in rating Rules of ta^a- 
any tract of land: where a greater part of a tract shall betion. 
superior in point of quality to second rate land, it shall be 
denominated first rate ; where a greater part of a tract shall 
be inferior to first rate and superior to third rate, in point of 
<^uality, it shall be denominated second rate; and where the 
greater part of a tract of land shall inferior to second rate it 
shall be denominated third rate land; and any tract or tracts 
of land that tbie owner has no knowledge oi and cannot give 



400 TAX. 

Satisfactory information thereof, shall be placed in the second 
class. 
Hemedy in Sec. 3. When any person thinks any tract or tracts of land, 

Case of error, belonging to him or her, are placed in an improper class or 
the land twice or improperly listed, it shall be lawful for such 
person, upon application, to the court of general quarter ses- 
sions of the peace of the county in which the lands lie, and 
making due proof of the same, to have the matter rectified, 
and the proper class of such tract or tracts ascertained or 
error corrected; and where any lands shall be classed in an 
inferior class to what it ought to be, on due proof thereof, to 
the court of quarter sessions of the county in w^hich the land 
lies, or in which it is listed, th.e said court shall have the same 
rectified and placed in the proper class, which alteration 
shall be certified by the clerk of the sessions to the commis- 
sioners and assessors, and they shall be governed accord- 
ingly. 
Lien upon ^^^* ^' The territory shall have a perpetual lien on every 

land for taxes, tract of land and every part thereof, for the amount of all 
taxes and ten per centum, interest, thereon from the time 
when they became due, and no alienation of lands belonging 
to any person shall aflfect the claim or lien of this territory, 
until the taxes and interest thereof, due from such person, are 
paid. 
Land how to ^^^* ^' ^^ ^^^^ ^^ dehnquency in the payment of these 
be sold for taxes, in the ordinary w^ay and time pointed out by said law 
taxes. for raising county rates and levies, it shall be lawful for the 

collector, on his receiving a warrant for the purpose from 
the court of quarter sessions, to sell at public auction so much 
of each tract of land charged with taxes, as will raise a sum 
of money sufficient to pay the same if the said lands shall lie 
in his township; and the collector shall in that case advertise 
the land by imaginary metes and bounds where it lies, the 
time and place of sale for at least twenty days previous to 
the sale, at the door of the house w^here the general quarter 
sessions are held and during one term of the court, and also 
in three public places in his proper township; the vendue 
shall be fair in open day and the land struck off to the high- 
est bidder who shall be able to pay down the money. After 
^hecev7it s"c^^ sale, it shall it shall be the duty of such collector to 
cate, and she- deliver to the purchaser a certificate of the quantity of land 
riff to make a sold,' describing therein the part that was charged with the 
*^^^Vaser^ tax and the corner or side by courses and distances from 
w^hich the quantity sold is to be taken ; and the sheriff of the 
county upon receipt of such certificate shall convey the 
same land to the purchaser, by deed in due form of law exe- 
cuted, which conveyance shall vest in the purchaser all the 
right, title and interest of the proprietor for whose tax the 
land shall be sold, and in consideration of law shjill also ves^;^ 
<hc possession of the land in the purchaser. 



TAX. 401 



Si 



!ec. 6. And where'any tract of land, or part thereof, is When !ands 
not sold upon being exposed asaforesnid, and the tax on the ^^uot sell, 
same not paid, it shall be the duty of the collector to adver- ai-a^ be^offer- 
tise and expose the sanne to sale, in like manner as to time ed. 
and place as aforesaid, at every court of quarter sessions, 
until the land sell or the tax be otherwise paid; and the taxes 
due on all lands exposed to sale as aforesaid, and on all 
other lands on which the taxes arc not paid, within the time 
prescribed by laAv, shall bear an interest of ten per centum 
per annum, until the whole of the taxes due thereon are 
paid ; and no sherifforcoUector or their deputies shall directly 
or indirectly purchase any land that shall be exposed to sale 
for the payment of taxes: Provided however, That this law 
shall, not extend to unpatented lands, which are or ever have 
been the property of the United States, nor to any lands 
appropriated to certain public uses, excepting the donation 
land granted by Congress to individuals situate in the coun* 
ties of Knox, St. Clair and Randolph. 



[Act of December 19, 1799, 1 sess. G. A. T, p. 184.] 
An act levying a territorial tax on land. 

Sec. 8 That there shall be paid within this territory, the Lands, hem 
following taxes for every hundred acres of land, and so in classed and 
proportion for a greater or smaller quantity; the land shall *^^^^° 
be divided into three classes according to the quality, that 
is to say, first, second and third rate, the first rate shall be 
taxed at eighty-five cents, second rate at sixty cents, and the 
third rate at twenty-five cents, per hundred acres, which 
said taxes shall be paid annually in the manner described 
by this act; and the following rule shall be observed in Rule in enter- 
rating any tract of land, to wit: when a greater part of a ing lands for 
tract shall be superior in point of quality to second rate land, taxation, 
it shall be denominated first rate, when a greater part of a 
tract shall be inferior to first rate and superior to third rate 
in point of quality, it shall be denominated second rate, and 
when the greater part of a tract of land shall be inferior to 
second rate, it shall be denominated third rate land, taking 
into view the surface of the earth as well as the quality of 
the soil : Provided always, That nothing herein contained shall Proviso.- 
be construed to subject to taxation any lands lying within 
the limits of the contract made by John Cleves Symmes, and 
his associates, with the board of treasury, and without the 
boundaries of their patent, until the same shall have been 
granted by the United States: And provided also, That the 
unimproved lands in the Vincennes and Illinois country, 
?hall not be listed at higher than second rate. 

3C 



402 



tax:. 



When taxes 
shall be col- 
lected. 



lilstrGss and 
^le. 



IVOA 



Compensa- 
tion of col- 
lectors. 



■proceedings 
against delin- 
quent collec- 
tors. 



Lands when 
and how to be 
sold. 



Sec. 12, That the sheriff or collector of each county simiU 
from and after the first day of August, annually, collect and 
receive from all and every person or persons chargeable 
therewith, the taxes imposed by this act, in his said county; 
and in case payment be not made Or recovered, on or before 
the first day of October, annually, the said sheriff or collector, 
as the case may be, shall have power to distrain the goods 
and chattels of the person or persons so indebted or faihng, 
and if the owner thereof does not pay the taxes within twenty 
days after such distress, such sheriff or collector shall sell 
the same, or so much thereof as shall be sufficient to discharge 
the said taxes^ and the charges of the said distress; and the 
sale thereof shall be for ready money, or auditors warrants 
on the treasury of this territory, and shall return the overplus, 
if any there be, to the owner: Provided ahvays, That when 
unreasonable seizures or distress is made, the party grieved 
shall have an action against the sheriff or collector and shall 
recover full costs, w^hen any damages are given. The 
sheriff or collector shall duly account for and pay into the 
treasury of the territory, on or before the thirty -first day of De- 
cember, annually, the full amount of all taxes imposed in his 
county, deducting therefrom such allowance as the law di- 
rects to be made, and the amount of interest which he may 
have received, together wath six per centum for his commis- 
sion thereon: and in case any sheriff or collector shall fail to 
account for and pay into the treasury, as aforesaid, the amount 
of taxes to be collected by him, according to this act, every 
such delinquent sheriff or collector and his securities, or either 
of them, shall be liable to a judgment against them, on mo- 
tion to be made by the auditor, or other person for him, in 
any court of record within the county where such delinquent 
sheriff or collector resides: Provided^ They have ten days no- 
tice of the day on which the motion is to be made, for the 
amount of the taxes due, and fifteen per centum damages, 
together with an interest of six per centum on the w^hole 
amount until paid, and the costs of the motion, including 
any expense that may have accrued in giving the said notice, 
for the use of the territory, and thereupon execution shall 
issue accordingly. 

Sec. 13. That the sheriff or collector, shall be authorized 
to sell so much of each tract of land charged with taxes, as 
will discharge the amount thereof, with costs (provided goods 
and chattels cannot be found thereon to the amount) and 
the sheriff or collector in that case, shall advertise the time 
and place of sale one month at the door of the court-house, 
and also, at four other public places in his county; and if 
the person claiming the land docs not pay the amount, on or 
before the expiration of the time, the sheriff or collector 
shall proceed to sell; after such sale, the sheriff or collector 
shall deliver to the purchaser a cerliicate of the quantity of 



tTAX, 40^ 

land sold, describing therein the tract that was charged with Ccrtificatfi to 
the tax, and the end or side from which the quantity sold ^^ '^'^^^^ ^^ 
was taken, which shall always be laid off as nearly in a^^^^ 
{square as the situation will admit of. And the surveyor of 
the county on the receipt of such certificate, shall by himself t^o^ survey- 
or deputy, proceed to survey the quantity sold as aforesaid, 
agreeably to the said certificate and charge the purchaser 
with the expense of the same. The surveyor or his deputy, 
as the case may be, shall give notice to the former owner, if 
in the county, or his agent, if any he has therein, of the day 
on which the survey is to be made. And upon the plat and 
certificate of survey being presented to the sheriff or collec- 
tor, it shall be his duty to convey the same to the purchaser, Collector Co 
by deed, in due form of law executed, wliich conveyance ^^"^'^^" 
shall vest in the purchaser all the right, title and interest of 
the proprietor; and in consideration of law shall also vest 
the possession of the land in the purchaser: P rovidcd alwnys^Vio\\%o. 
That nothing herein contained shall extend, or be construed 
to extend to bar the right, or equity of redemption, which 
any infant, person non compos mentis^ or in captivity, may 
have in the land so sold, provided the taxes and charges 
thereon, witli interest, and an equitable compensation for 
improvements thereon made, be tendered within one year 
after such disability be removed. 

Sec. 14. That when any tract of land, or part thereof, is Land^ to b* 
not sold upon being exposed, and the tax on the same not °^^^^ "'^^^^ 
paid, it shall be the duty of the sheriff or collector to adver- 
tise and expose the same to sale in like manner, as to time 
and place, as aforesaid, at everv court of quarter sessions, 
until the land be sold, or the tax be paid thereon; and no 
sheriff or collector, or their deputies, shall directly or indi- ^^^p^p °" ^° 
rectly, purchase any land that shall be exposed to sale for chasers, 
the payment of taxes. 

Sec. 15. That the sheriff or collector of each county shall, Collectors to 
before he receives the list above directed from the clerk of s;^^® ^*=*'^^' 
the quarter sessions, or makes any collection under this act, 
enter into bond, with at least two sufficient securities, in double 
the amount to be collected, payable to the territorial auditor 
for the use of the territory, conditioned for the due and faith- 
ful paying and accounting for all the taxes imposed by this 
act, and made his duty for collection during his continuance 
in office, which bond shall be filed in the office of the clerk 
of his county. If upon execution being issued against any 
sheriff in the manner aforementioned, and it shall be return- 
ed that there was no effects, or not a sufficiency whereof to 
levy the whole of tlie said execution, the securities shall be 
liable to a judgment against them, on motion to be made by the 
territorial auditor, in any court of record within the t'^.rri- 
tory, for the sum which shall appear to remain due on the 
■'laid QxecutioD, together with the costs of the motion^ as di- 



40-4 tAX. 

reeled in case of a judgment against a slieriif, and the said 
bond shall not be void on the first recovery, but may be moved 
on from time to time, until the whole sum of the penalty of 
guch bond shall be recovered thereon. And on any motion 
to be made on such bond, an attested copy thereof shall be 
admitted in evidence. And if the sheriff of any county shall 
neglect or refuse to give such bond, a collector of th<3 tax 
shall be appointed for that county by the court of quarter 
sessions, who shall continue in ofnce for one year. And the 
said collector shall give bond, perform such duties, be enti- 
tled to such emoluments, subject to such penalties, and be 
liable to have such proceedings carried on against him and 
his securities, as is above directed in the case of a sheriff. 
!?on-resident's Sec. 1 6. That when any non-resident fails to pay to the 
^^i!?f ^^^ treasurer the tax and interest due on any tract of land, on 
so or axes. ^^ before the said month of August, annually, the auditor shall 
at the same time when he transmits to the several clerks of 
the counties the amount of lands entered in his office, certify 
to the several sheriffs or collectors, as the case may be, such 
failure of payment, stating particularly the amount of the 
taxes due thereon; and also, at the same tim.e, advertise the 
same in one of the gazettes of this territory, for four weeks 
successively; whereupon the sheriff or collector shall, forth- 
with after receiving such list, proceed to advertise on the 
court-house door of his proper county, the said tracts of land 
on which the tax is due, stating the amount thereof, and that 
he shall proceed to make sale of the same to satisfy said 
taxes, unless the same shall be paid on or before the first 
Monday in November^ or so much thereof as will pay the 
taxes and expenses attending the sale; and the said sheriff 
Mustbeadver-or collector shall advertise the same in four different pubhc 
tised. places within the county, and if the amount of taxes is net 

paid on or before the time before mentioned, the sheriff or 
collector shall proceed to sell each tract, or so much thereof, 
as will amount to the taxes and interest, with legal costs. 
And when any tract, or part thereof, be sold, the sheriff or 
collector shall proceed in the same manner to have the same 
Conveyed to the purchaser, as directed in case of residents; 
and it shall not be lawful for the sheriff or collector, or their 
deputies, directly or indirectly, to purchase any land sold 
under this section. 
This act to be Sec. 1 9. That the auditor of public accounts shall be, and 
jn force one he is hereby authorized and empowered to apply for, and 
procure from the land office in the state of Kentucky, an ab- 
stract of all lands located between the Scioto and Little Mi- 
ami rivers, with the names of the persons to whom entered ; 
and it shall be the duty of the auditor, as soon as may be, 
after obtaining the said abstract, to transmit to the clerks of 
the peace of the proper county, a list of so much of the said 
lands as shall lie in their respective counties. The expense 



year. 



TAX, 



405 



of procuring whicli abstract shall be paid out of the territo- 
rial treasury. And this act shall be in force for the space of 
one year next after the passing thereof, and fronn that time 
nn(il the end of the next session of the legislature, and no 
Jonger. 



[Act of December 19, 1799, 1 sess, G. A. T. p. 213.] 
An act to regulate county levies. 

Sec. 25. That an act, entitled "A law for raising county Laws repeal 
rates and levies," and an act, entiled "A law for the purpose ^'^• 
of including all unsettled and uniniproved tracts or parcels 
of land, and subjecting then:i to taxation," adopted from an 
act of the state of Kentucky, and published at Cincinnati, the 
iirst day of May, one thousand seven hundred and ninet} - 
eight, by Winthrop Sargcant, acting as governor, and John 
Oleves Symmes, Joseph Oilman, and Return Jonathan 
P.Ieigs, junior, judges, and all other acts, and parts of acts, 
coming within the purview of this law, be, and the same are 
hereby, repealed: Provided ahvays^That all taxes laid under Proviso - 
the authority of said laws, or eitlier of them, and which are, 
or shall be unpaid at the taking effect of this law, the same 
may, and shall be collected under the authorit}^ of said laws, 
in the same manner, and under the same regulations as 
though this law had never been made. 

This act shall commence, and be in force, from and after K^f'ft., 
the first day of March next. 



I Act of December 9, 1801^ 2 ms. 1 G. A. 7\ p. 73.] 

^n act supplementary to the act, entitled "An act levying a territorial tax: 
on land," and providing for a territorial tax for the^ year one thousand 
eight hundred and one. 

Sec. I. That the further sale of the lands of non-resident Safes of ianci 
proprietors, for the payment of taxes under the act aforesaid, postponed, 
be, and the same is hereby, suspended and postponed until 
the twentieth day of March next ; and the sheriffs or col- 
lectors shall then proceed, from day to day, to sell the lands 
whereon the taxes are unpaid, agreeably to the provisions in 
the afore recited act, until the taxes are paid, or the lands 
sold, except as is herein after excepted, by the second section 
of this act: Provided nevertheless^ That nothing in this act 
contained, shall be so construed as to affect or render void 
any sale of non-resident's land for taxes already made, or 
which shall be -Biade at any tim« before th^ sheriff or col- 



40(5 TAX. 

lector making such sale, shall receive information of the 
passing of this act; any thing herein contained to the contra- 
ry notwithstanding. 
Ratesoftaxa- ^^^' '^* Tiiat there shall he paid within this territory, a 
lion for 1801. tax on land suhject to taxation, for the year one thousand 
eight hundred and one, as follows, to wit: on every hundred 
acres of land of the first rate, fifty-five cents; on every hun- 
dred acres of land of the second rate, thirty-five cents, and 
on every hundred acres of land of the third rate, seventeen 
cents; and in the same proportion for a greater or less quan- 
tity. 
Lands not en- ^^^' ^'^' That in all cases where lands which shall be en* 
tered in 1800 tered for the tax of the year one thousand eight hundred and 
^%n^ *^^®.^ ^° one, which were not taxed in the year one thousand eight 
terest^to be" hundred, and were suhject and liai3le thereto, it shall be the 
added. duty of each clerk and auditor, when they make out the lists 

for the tax of the year one thousand eight hundred and one, 
to add to the rates as mentioned, in the sixteenth section of this 
act, a sum equal to the tax of the year one thousand eight 
hundred, and one years' interest of ten per centum. 
Repeal of part Sec. 21. That so much of the afore recited act as permit- 
r^d^Th'^ ^^^^ted non-resident proprietors to pay their taxes to the trea- 
parts confirm- surer of the territory ; also, so much of said act as authorized 
e.d. the auditor to receive the entries of lands of non-resident 

proprietors, and all such other parts of said act as come witl> 
in the purview of this act, be, and the same are hereby, re- 
pealed. This act, together with such parts of the afore 
recited act as are not repealed by the alterations and pro- 
visions of this act, shall continue, and be in force, from and 
after the passing hereof, until the first day of March, in the 
year of our Lord, one thousand eight hundred and two, and 
for the purpose of collecting taxes that may before that time 
be imposed under this or the above recited act, but for no 
other purpose; it shall continue in force till all such taxes 
are collected and no longer. 



[Actof December 12, 1801, 1 sess. 2 G,A, T. p. 172.] 

An act to postpone the sale of lands for taxes in the counties of Trumbull, 
Jefferson and Wayne. 

Whereas it appears to the General Assembly, that the acts 
preamble. levying a territorial tax on land, were not received in 

the county of Trumbull in season to enable the court of 
general quarter sessions of the peace for said county, to 
adopt the necessary measures for carrying the said acts 
into effect, whereby the lands lying in the said county 
kave unavoidably become subject to be sold for the taxep 



TAX. 407 

due thereon ; and it has become the duty of the collector 
of the said county to expose the said lands for sale, or 
to suffer the penalties imposed in the said acts: There- 
fore, to relieve the said county and to give further time 
to carry the said acts into effect. 

Sec. 1. That the sales of the lands of resident and no"- gaies for tax- 
resident proprietors, lying within the county of Trumbull, es in TrumbuU 
for taxes due and arising, under the act, entitled "An act county sus- 
levying a territorial tax on land,*' and the act, entitled "An Ponded; 
act supplementary to the act, entitled "An act levying a 
territorial tax on land," and providing for a territorial tax for 
the year one thousand eight hundred and one," shall be, and 
the same are hereby suspended, until the first day of June 
next, after wdiich day the sheriff or collector of the said 
county shall, without further delay, proceed, according to 
law, to enforce the collection of the said taxes, so far as the 
same shall remain unpaid; and it shall be the duty of the 
collector to demand and receive an interest at the rate of 
ten per centum per annum, and no more, on all taxes by 
him received after the first day of December, one thousand 
eight hundred and one, any thing in any former law to the 
contrary notwithstanding: and whereas the appointment of 
collectors of the territorial taxes for the counties of Jeffer- 
son and Wayne, was procrastinated to a period too late to 
admit proprietors of land in those counties to a f ir oppor- 
tunity of discharging their taxes within the time allowed by 
law: Therefore, 

Sec. 2. That the collectors of the ^axes aforesaid for the So in Jefferseis 
counties of Jefferson and Wayne, be, and they are hereby, ^i^d Wayne, 
authorized and required to postpone the sale of the lands 
Tor taxes, within the said counties, until the first day of 
March next, after which day the said collectors shall pro- 
ceed to enforce the collection thereof, together with an in- 
terest of ten per centum per annum, from the first day of 
September last past, in manner as directed in the preced- 
ing section. 



[Act of January 23, 1802, 1 scss. 2 G. A, T. p. 60.] 

,\n act levying a tax on land for the year one thousand eight hundred and 
two, and for other purposes* 

{Preamble,) 

Sec. 3. That it shall be the duty of the sheriffs or collec- Rg^ord of sale 
tors of the several counties in tliis territory, when they make of land by col- 
sale of any land for the payment of taxes, to make a fair lectors, 
record of the purchasers name, the price per acre for which 



m^^ 



AX. 



tlie land sold, and the quantity and paii; sold, the name of 
the person to whom the tax stood charged, with the amount 
of the tax and cost, and the day, month and year of the sale^ 
and the year for which the tax was levied ; which record he 
shall subscribe and lodge in the office of the clerk of tlie 
court of general quarter sessions of the proper county, for 
the use of such county, within thirty days after any sale 
made, under the penalty of one hundred dollars, to be reco- 
vered by indictment in the general court or in the court of 
general quarter sessions of the peace; and it shall be the 
duty of the clerk to receive and preserve such record, and 
to transfer the said land to the purchaser on his book of 
transfers, for the purposes of taxation. 
Collectors to Sec. 4. That if the owner or owners of any tract of landy 
distrain lands subject to taxation, shall neglect or refuse to pay the tax 
10, axes, chargeable thereon, on or before the first day of October, 
next after the said tax shall become due and payable, it shall 
be the duty of the said collector or sheriff to proceed forth- 
with to distrain and sell the personal property of the delin- 
quent or delinquents, in such manner as the law directs; but if 
personal property cannot be found whereon to distrain, and 
the taxes so due and owing shall not be paid on or before the 
first Monday of November next, after the said tax shall become 
due and payable, the sheriff or collector, as the case may be, 
is hereby authorized and required to charge the said delin- 
Delinqixentsto quent or delinquents with a penalty of fifty per centum on the 
be charged 50 amount due and owing from such delinquent or delinquents; 
per centum, ^j^^ |^ gj^g^jj j^^ ^y^^ ^^^j ^^ |.|^g g^^j^ Collectors and sheriffs, on 

or before the thirty-first day of December, to pay over, ac- 
cording to law, all monies by them collected, and to transmit 
Schedule of to the auditor a schedule of all the lands contained in their 
delinquents to respective duplicates, on which the taxes shall not have been 
ditor?^ ^'^ ^"' paid on the said first Monday of November; and if the owner 
or owners of any tract of land, charged with taxes as afore- 
said, shall neglect or refuse to pay to the collector or sheriff 
the amount due and owing on such tract of land, together 
' with the aforesaid penalty of fifty per centum and legal inte- 
rest on the amount, from the said first Monday of November^ 
one thousand eight hundred and three, the said collector or 
When collect- sheriff shall proceed forthwith to sell the said land, or so 
orsshallsell. JJ^^(>[^ thereof as will satisfy the amount of the said tax and 
penalty, with interest as aforesaid, and the auditor, on re- 
ceivintij the aforesaid schedules, shall proceed to charge the 
collector and sheriff respectively, with the aforesaid penalty 
of fifty per centum on t!ie amount of taxes due on the several 
tracts of lands contained in their respective schedules; and 
the said collectors and sheriifs are hereby required, from time 
to time, to pay over, according to law, all sums of money re- 
ceived from such delinquents; and if any collector or sheriff 
shall not have paid over the whole amount of money charged 



to him on the auditor's books, with all stims of interest he 
may have received thereon, on or before the thirty-first day 
of December, one thousand eight hundred and three; it 
shall be the duty of the auditor forthwith to proceed against 
such delinquent collector or sheriff as the law directs: Pro- Proriso. 
7:ided alzoays^ That the lands lying in the Virginia Military 
District shall be sold in the county town of the county in 
which they respectively lie: And provided also^ That if, Proviso, 
through mistake or misinformation, any tract of land shall be 
sold for taxes in any other county than the county in which 
such tract shall be found, on actual survey, to lie, such sale 
shall not be affected by such mistake, but shall be held as 
valid to every intent, as though the same had been made in 
the proper county. 

Sec» 5. That if the owner or owners of any tract of land Lands sold for 
sold for taxes under this act, his or her agent or attorney ^^''^^ °*^^ '®" 
shall, within one year from the time of sale, lodge with the o„ payment of 
sheriff or collector, the amount of the tax and legal costs, and tax and p€- 
sixty per centum damages thereon, then, and in that case,"^^*^* 
the said lands shall revert to the original owner, and the 
sheriff or collector shall pay over all such money, so received, 
to the person or persons who purchased the said lands at the 
said sales, if demanded, and if not demanded within six months 
after it is lodged as aforesaid, the sheriff or collector shall 
pay the same over to the treasurer of the territory, who shall . ._ 
receive it and pay it over to the purchaser, if demanded with- funTto puT 
in one year, and so much thereof as shall not be demanded chaser, 
within the period aforesaid, shall be passed to the credit of 
the territory ; and the sheriff or collector, as the case may be, 
shall be entitled to retain, for his trouble and to his own use, 
seven per centum out of all the monies that shall be received 
and paid over under the authority of this section : and whenever 
a sale of lands shall be made for the payment of taxes, under J^^^^g a****^ 
the authority of this act, the sheriff or collector, making such deed for onft 
sale, shall not make a deed therefor, until the expiration of jear. 
one year from the day on which such land shall be sold. 

Sec. 6. That the collector of taxes in the district of land, Collector of 
commonly called the Virginia Military District, and thej^'^^^'^^ 
Sheriffs in the several counties who shall be authorized to deed*, 
collect the revenue for the year one thousand eight hundred 
and two, shall, and it is hereby made their duties respect- 
ively, to make deeds to the purchasers of all lands heretofore 
sold for taxes. Or in case of the death of any purchaser, to 
his legal representatives, in the same manner as their pre- 
decessors were authorized to do, upon receiving the certifi- 
cate of the county surveyors, of the counties in which the 
lands may or shall respectively lie. 

Sec. 7, That there shall be paid within this territory, a Ratetof tasai> 
tax on land, subject to taxation, for the year one thousand tion,. 
eight hundred and two, as follows, to wit: on every buadr^d 

3D 



410 TAXv 

acres of land of the first rate, sixty cents ; on every hundred 
acres of land, of the second rate, forty cents ; and on every 
hundred acres of land, of the third rate, twenty cents; and 
in the same proportion for a greater or less quantity. And 
Collector's it shall be the duty of the sheriff or collector in each county, 
^"^y- to pay into the treasury of his county, one-fourth of the sum 

of the taxes collected by hinf>, for the use of the county, for 
the purposes of opening and repairing highvrays, building 
and repairing court-houses and jails, and for the payment of 
debts contracted, bonafide^ for the above purposes; and the 
receipt of the county treasurer shall be received by the ter- 
ritorial treasurer, and the sheritf or collector shall be credit- 
ed with the amount thereof in the settlement of his account 
Proviso. with the treasurer: Provided ^Thni the collector of the taxes 

in the Virginia Mihtary District, shall pay over the aforesaid 
one-fourth part of the tax arising from the lands of non- 
Auditor's du- resident proprietors, within the district, to the auditor of 
*y- public accounts, who is hereby directed to pay the same to 

the several county treasurers, of Hamilton, Adams, Ross and 
Clermont, in such proportion as shall to him appear just and 
equitable, and which proportion shall be adjusted accojdino 
to the quantity and quality of the aforesaid lands, that shall 
be found to lie in each of the said counties respectively, as 
nearly as can be ascertained; and the receipt of the auditor 
shall be received by the territorial treasurer, in settlcmeni 
frovlso* of the account of the said collector: Provided also, That no 

interest shall be demandable upon any tax whicli shall be 
paid prior to the first day of Novem.ber of that year in which 
it shall become due. 
Tax and pe- Sec. 8. That in all cases where lands shall be entered for 
malty to be the taxes of the year one thousand eight hundred and two, 
f 1802 which were not taxed in the year one thousand eight hun- 

dred, or one thousand eight hundred and one, and were 
subject and liable thereto, it shall be the duty of such clerk 
and auditor, when they make out the list for the tax of the 
year one thousand eight hundred and two, to add to the r^tes 
mentioned in the sixth section of this act, a sum equal to the 
tcixes due and owing on such lands, prior to the year one 
thousand eight hundred and two, and a penalty of ten per 
centum per annum more. 
Sheriff to col- Sec. 11. That it shall be the duty of each sheriff to 
ject withinjiis collect the territorial taxes within his county, and if 
any sheriff shall refuse or neglect to give bond and qualify 
himself to collect such taxes, on or before the first day 
of August in each year, he shall forfeit and pay a sum not 
exceeding three hundred dollars, to be recovered by the 
auditor in an action of debt, before any court having cogni- 
p . zance thereof, to ard for the use of the territory: Provided 

always, That if any sheriff shall incur the penalty herein pro- 
vided, by refusing or neglecting to qualify himself according 



TAX. 411 

10 aw, it shall be the duty of the court of general quarter 
sessions of the peace, to proceed to the appointnnent of a col- 
lector as the law directs; and it shall be lawful for the sheriffs 
of the several counties, instead of the per centum heretofore 
allowed, to retain seven per centum for their own use, on all 
taxes by them collected for the year one thousand eight hun- 
dred and tvv'o. 

Sec. 19. That so much of the act, entitled "An act for Tart of act re^. 

opening and regrulatin^ public roads and highways," as au- P^^]^'^ ^"^ 
4.1 • ^ i-u 4. ^ * . . ,1 ^ I i partofano- 

thorizes the county commissioners to levy a road tax on tjier revived, 

land, be, and the same is hereby, repealed; and that such 

parts of the " Act levying a territorial tax on land," and the 

"Act supplementary to the act levying a territorial tax on 

land, and providing for a territorial tax for the year one 

thousand eight hundred and one," as are not contrary to this 

act, are hereby revived, and, together with this act, shall 

remain and be in force until the end of the next session of „ 

the legislature, and for the purposes of collecting taxes that 

shall then be due and unpaid, until such taxes are collected, 

and no longer. 



[Ad of April 16, 1803, 1 v. L, O. p. 58.] 

An a3t to revive and continue in force, several acts laying taxes on land-, 
and for other purposes. 

Sec. 1. That the courts and the clerks of the courts of com- Powers of the 
mon pleas, in the several counties which have been estab- oncers of new 
lished by the present legislature, and all sheriiFs and coUec- ^°^^^^^' 
tors, and all other officers be, and are hereby, vested with the 
same powers, and are required to do the same duties and be 
subject to the same penalties as by the existing laws, the 
said officers are and shall be subject to in the other counties 
of this state: Provided^ That the clerks aforesaid be allowed 
until the first day of July next, to perform the duties required 
in the ninth section of the act, entitled "An act levying a 
tax on land for the year one thousand eight hundred and 
two, and for other purposes." 

Sec. 2. That the clerks of the court of common pleas in the Clerks to cev- 
•several counties, which were established before the commence- ^^^J entries, 
ment of the present session of this General Assembly, shall 
make out and transmit to the clerks of such counties as have 
since been established, certified extracts of all lands which 
are entered in their respective offices lying within either of 
the new counties which have been established as aforesaid, 
on or before the first day of June next; and it shall be the du- 
ty of the clerks of the counties last abo\e designated, to enter 
the said extracts in books to be provided for that purpose. 



412 TAX. 

and also, to tcceive and make all entries and transfers, from 
time to time, as by law are required of the clerks in the 
other counties in this state. 
Laws declar- Sec. 4. That all laws regulating the taxation of lands, 
ed in force. g]^all continue in force until the end of the next session of 
the legislature, together with this act, and for the purpose 
of collecting taxes that shall then be due and unpaid, until 
such taxes are collected and no longer. 
Penalties on Sec. 5. That if any sheriff or collector shall neglect or 
officers failing refuse to perform the duty enjoined by the fourth section of 
mduty, ^^^ ^^^^ entitled "An act levying a tax on land for the year 
1802," as far as the said section makes it the duty of a 
sheriff or collector to distrain and sell the personal property 
of such persons, as shall be delinquent on the first day of 
October, such sheriff or collector shall be liable to pay all 
interest, damages and forfeitures that any resident proprie- 
tor may be subject to, in consequence of such neglect. 
^ales (6t tax- Sec. 6. That such lands on which the taxes for the pre- 
^postpaned. sent year shall remain due and unpaid, on the first Monday 
of November next, shall not be sold until the first Monday 
in November, in the year 1 804. 



JAct of February 18, 1804, 2 v. L. O. p. 166.] 

An act levying a state tax. 

l*andtax^ Sec. 1. That all lands, the property of individuals, within 

this state, shall be chargeable for the state expenses, to be 

levied and collected In such manner and proportion as herein 

tifler directed. 

Classification Sec 2. That lands shall be rated and classed in the man- 

^d rates« jjgjr following: that is to say, first, second and third rates, and 

the rule to be observed in classing of all land shall be as follows: 

when a greater part of a tract shall be superior in quality 

to second rate land, it shall be denominated first rate; 

when a greater part of a tract shall be inferior to first rate, 

and superior to third rate, it shall be denominated second 

rate ; and when a greater part of a tract shall be in/erior to 

second rate, it shall be denominated third rate land; taking 

nto view the situation and surface of the earth as well as 

the quality of the soil. First rate land shall he taxed at 

«eventy cents, second rate at fifty cents, and third rate at 

twenty cents; and it is hereby made the duty of every 

Tt "d« t ''^sident proprietor, owning land changeable as aforesaid, on 

pronrietor* the fifteenth day of April, annually, when thereto required by 

Ehail enter the listers of the respective townships, to give an accurate 

their lands. ]jg^ ^f gy^]^ land, in writing; and such resident proprietor or 

proprietors shall Jist all and every tract of lapd, he, she or 



TATf. 4li^ 

ihey claim within this state, specifying the quality, quantity, 
range, township, section and county, if known, and whether 
holden either by patent, deed, entry, or other evidence of claim. 

Sec. 3. That it shall be the duty of the lister of each Dutyof towim,. 
township, annually, between the fifteenth day of April and ship listers. 
the twenty-fifth day of May, to demand of every resident 
proprietor within their respective townships, a list as afore- 
said, and if any person shall refuse to render his list, such, 
lister shall make out a list of such person or persons land 
so refusing, according to the best information he may have 
or can obtain:; which land so listed, shall be double taxed, 
and the person so refbsing shall be bound thereby; and if 
any pereon shall request any lister to make out his list, such 
lister shall make out the same as directed by such person, 
which list such person shall sign. 

Sec. 4. That each lister shall, after collecting the lists Alphabetical 
within his township, make out two alphabetical copies there- bsts to be 
from, of all land by him listed, one whereof he shall deliver 
to the clerk of the commissioners, on or before the first 
Monday of June, annually; the other copy, together with 
the original lists, by him collected, shall be returned to the 
clerk of the court of common pleas by the first Monday of 
June; which lists, so returned, shall be kept and filed by 
said clerks, in their respective offices. 

Sec. 5. That all persons not residing within this state, Non-residents 
5ind holding lands v/ithin the same, except lands lying he- ^J^JJ f "^J^g ^^j. 
tween the Scioto and Little Miami rivers, called the Vir- taxation, 
ginia Military Lands, shall have the same entered for taxa- 
tion, either by themselves or their agents, in the form afore- 
said, with the clerks of the court of common pleas in and for 
the county within which the same shall be situate, on or 
before the first Monday of June next; and it shall be the 
duty of each clerk of the court of common pleas, to make 
out two alphabetical lists of all lands so entered with him; 
one whereof he shall retain in his own possession, together 
with the original entry; the other shall be, by him, dehvered, 
with a general alphabetical list of all returns to him made 
by the several township listers within the county, to the 
commissioners of the county, by the second Monday in June, 
annually. 

Sec. 6. That the clerks of the several courts of common Lists of land 
pleas, shall, on or before the first day in August, on which for taxation 
day the tax shall become due, annually, make out a general *^ ^^ made, 
alphabetical list of taxation in the manner following: first,alist 
of non-residents' lands; second, a list of residents' lands; from 
which general list, they shall make out two duplicates, one to 
he delivered to the collector, the other to be transmitted to the 
«tate auditor, both whereof shall be certified by the clerks 



414 



TAX, 



respectively, under the county seal, to be accurate copies of 
the general list in his office. 

Sheriffs to be Sec. 7. That the sheriff of each county shall be the col- 
collectors, lector thereof, and before he receives the duplicate above 
directed, he shall enter into bond, with at least two sufficien^t 
freehold securities, in double the amount of the tax by him 
so to be collected, payable to the auditor of public accounts^ 
for the use of the state, conditioned for the due and faith- 
ful paying and accounting for all taxes that is made his 
duty to have collected; which bond shall be filed with the 
clerk of the court of common pleas; and if the sheriff of any 
county shall neglect or refuse to give such bond as aforesaid^ 
on or before the first Monday of August, annually, a collector 
of the tax shall be appointed by the commissioners, or any 
two of them, who shall continue in office for one year, and 
such collector shall, before he enters upon the duties of his 
office, enter into bond as aforesaid. 

Lands Avhen Sec. 10, That if the proprietor or proprietors of any tract 
and how sold of laod charged with taxes, shall have neglected to pay to the 
.or taxcfr. collector, or the collector shall not have collected the same, 
by distress, on or before the said first Monday of December,, 
annually, after the tax shall have become due, and thereaf- 
ter shall have neglected to pay the said tax so due, together 
wit'^ the penalty of twenty-five per centum, on or before the 
first Monday of April next after such tax shall have become 
due, then the collector, in such case, is hereby required to 
proceed and sell, at public sale, at the court-house in his 
county, so much of each tract of land charged with taxes,, 
as will satisfy the amount of the tax and penalty as afore- 
said; and the collector, before any sale, shall advertise the 
time and place of such sale, thirty days, at the door of the 
court-house, and also at five other public places in the coun- 
ty; and the collector shall deliver to the purchaser, a certi- 
ficate of the quantity of land sold, describing therein the 
tract that was charged with the tax; which part so sold, 
shall be taken, as nearly as may be, in a square, and bound 
on one or other of the lines of the original survey, having- 
regard to such lands, if any, as may have been sold out of 
said tract for taxes, and a designation of the part so ^^ 
shall be made at the time of sale. 
Collectors not Sec. 11. That when any tract of land, or j^^art thereof,, 
to be purchas- shall not scil upon being offered for sale, for want of bidders, 
^^^' and the tax on the same not being paid, it shall be the duty 

of the collector to deliver to the auditor a transcript of such 
land, not sold as aforesaid, within thirty days after such sale^ 
under the penalty of fifty dollars, to be recovered at the suit 
of the auditor, in any court having jurisdiction thereof, 
within this state, for the use of the state; and no collector 
ishall directly or indirectly purchase, nor be in any wise con- 



TAX. 416 

'^nTicd in ilie purchase of any lands sold for llie payment of 

axes. 
Sec. 13, That the surveyor of the county, upon the re- How land soM 

eipt of the collector's certificate, shall, by himself or his J'^'"*^^^^^^^^^^ 
deputy, proceed to surv'ey the quantity of land agreeable ^^"''^^5® 
to the said certificate, and charge the expense of making 
such survey and plat to the purchaser, or his assigns; and 
upon the plat and certificate of survey being presented to 
the collector, it shall be his duty to convey the same to the Collector to 
purchaser or his assigns, by deed, in due form of law exe-^°^^^3'' 
<:uted; which conveyance shall vest in the purchaser or his 
assigns, all the right, title and interest of the late proprietor, 
and in consideration of \dw shall also vest the possession of 
the land so deeded, in the purchaser or his assigns; but any 
collector may convey any lot or tract of land sold for taxes, 
without having the same surveyed, when the whole lot is 
.sold : Provided^ That nothing herein contained shall extend Proviso. 
to bar the right or equity of redemption, which any infant 
person, non compos mentis, or in captivity, may have in the 
land so sold: Provided, The taxes and charges thereon, with Proviso, 
interest, and an equitable compensation for improvements 
thereon made, taking into view the rent that might arise 
therefrom, be tendered within one year after such disability 
be removed. 

' Sec. 1 4. That it shall be the duty of the collectors of the Collectors to 
several counties, when they make sale of any land for the ^J^d^of sdW 
payment of taxes, to make a fair record of the purchaser's &c. 
name, the quantity sold, with a description thereof, the name 
of the person, the tax stood charged, with the amount of 
the tax and costs, and the day and year of the sale, and the 
year for which the tax was levied; which record he shall 
subscribe and lodge in the office of the clerk of the court 
of common pleas, within fifteen days after any sale made, 
under the penalty of one hundred dollars, to be recovered by 
indictment, in any court of record in this state; and it shall 
be the duty of the clerk to receive and preserve such resord, 
and to transfer said land to the purchaser, for the purposes 
taxation. 

Sec. 15. That no tract of land that is listed agreeable Lands to stanfl 
to this act, shall be again listed, but shall stand charged to charged as 
the person for whom it Avas listed, unless the person so'^^**^^' 
charged shall sell or dispose of the whole or any part of the 
land so listed, then if he or the person or persons purchasing When sold, 
or obtaining such land, shall have a transfer made with the P|!,ketransfer 
clerk of -the court of common pleas, in the proper county,"^ 
the clerks respectively are hereby authorized to list the land 
in the name b£;the person or persons to whom sold, and such 
person shall be chargeable with the tax of such land or lands 
thereafter: Provided, That no transfer shall take place, so as I'ro^o. 
to e;sempt any person from paving the whole amount of taxes 



4ie tAx/ 

doe upon all or any lands listed, after the tax bill shall have 

been made out for that year. 

Penalty on g^c. 1 6. That any person faiUng to give in his or her list^^ 

a7dse hst?°^ agreeably to the provisions of this act, or giving in a false list^ 

or who shall, in such hst, class his or her lands as being of a 

quahty inferior to their real quality, such person shall be 

subject to a taX equal to double the amount of the tax for 

Commission- *^^* J^^^y on lands of like quality; which tax shall be an- 

ers duty. nexed to his or her list, by the commissioners of the county 

in which such lands are or ought to have been entered for 

taxation, or by the auditor, if the lands lie within the Vir* 

ginia Military Tract, and a copy of the same forwarded by 

Auditors du- the auditor to the collector of the tax on the said Virginia 

*y- Military Lands, or by the commissioners to the auditor and 

the collector of the proper county, as the case may require ; 

which collectors, respectively, shall be charged on the audi-^ 

tor's books, with the amount of such tax. 

Land to be Sec. 17. That in all cases where lands shall be listed for 
char^eTwth ^^^^^^^^ ^^^ the year one thousand eight hundred and four» 
a penalty, which have not been entered nor taxed for the four preced- 
ing years, and were liable and subject thereto, it shall be the 
duty of the auditor, w^hen he makes out the duplicates for 
the Virginia Military District, and clerks when they make 
out the general alphabetical lists for the year one thousand 
eight hundred and four, to add to the tax, a sum equal to 
the taxes due on each respective tract, for the four years, or 
such part thereof as such land shall have been subject to tax- 
ation, and twenty-five per centum damages, yearly, on the- 
taxes so in arrears. 

f he state has ^^^* ^ ^* ^^^^^ the state shall have a perpetual lien on 

a perpetual every tract of land, and every part thereof, for the full 

Jien for taxes, amount of all taxes, penalties and interest, that have become 

due, and all that may hereafter become due thereon; and no 

alienation of lands, or neglect in entering or listing, shall in 

any wise destroy the claim or lien of the state ; and the land 

shall be liable to be sold, at any time, for the taxes, penalties 

and interest due thereon, in whomsoevor the title of the 

same shall be found. 

"Mistakes in Sec. 19. That when any person thinks any tract or tracts 

taxing lands ^f j^nd, belonging to him or her, are improperly classed or 

^ow recti ed. ^j^^ j^^ ^ twice listed, it shall be lawful for such person, upon 

application to the commissioners of the county w^here such 

land may be situate and making due proof of the same, to have 

the same rectified, and the proper class of such tract or tracts • 

ascertained or error corrected, and such alterations as shall 

be made by the commissioners, shall be certified by the clerk 

of the commissioners to the clerks of the courts of common 

pleas in the respective counties, and tc the collectors and the 

auditor, and they shall be governed accordingly. 



TAX. 417 

bEc. 20. That tne clerks of the courts of common pleas or Lands sold by 

listers, shall not list any lands for taxation which l)ave heen t;ie United 

purchased from the United States, from and after the thir- ?^^^^^;,\''^^f^^^ 
■*. 1 1 ^ T vL 1-1^1111 .1 iiom taxes icr 

tieth aay of June, one thousand eight hundred and two, until five year,. 

the same shall have been purchased five years, when they 

shall he subject to taxation; and all other lands purchased 

from the United States prior to that period, shall be subject 

to taxation and listed accordingly. 

Sec. -22, That the collector of taxes in the Virginia Mill- Collectors to 
tary District, and the collectors of the several counties shall, make deeds 
and it is hereby made their duties respectively, to make deeds ^o^^^^'^^yI^''^' 
to the purchaser or his assigns, of all the lands heretofore 
Sold for taxes (that have not been already deeded) and in 
case of the death of any purchaser, to his or their legal re- 
presentative, in the same manner as their predecessors were 
authorized to do upon receiving the certificate and plat from 
the county surveyor. 

Sec. 23. That all non-residents' lands, lying between the The V. M. 
Scioto and Little Miami riyers, called the Virginia Military '^'[^^J.^'^^J^^* 
Lands, shall be one district, and shall be under the direction^ 
of the auditor, of public accounts; and all entries and trans- 
fers shall be made with the auditor, specifying the number of 
entry, number of warrant, rates, when entered, to whom 
transferred, water course and county, if within their know- 
ledge; and the auditor shall make out two alphabetical du- . , 

plicates * * * one of which he shall deliver to the j^^e^istf. 
collector of the taxes for said district, on or before the first 
Monday of August, and the other he shall retain in his 
■office. 

Sec. 24. That the rule to be observed in entering orlist-LandinV. ]\|-. 
ing the lands commonly called the Virginia army lands, for Tract how 
taxation, shall be to enter or list all lands held by patent, ^^^^^^' 
deed, survey or entry, and if by entry only, the lands shall 
not be sold until the same shall be surveyed and a return 
thereof be made: the state shall nevertheless hold a lien 
on all such lands, and if the same shall be removed from the 
lands so entered on, wben listed for taxation, whenever the 
same shall be removed, the lien of the state shall follow the 
warrant; and after survey and return as aforesaid, so much 
thereof shall be sold as will satisfy all arrears of taxes, in- 
terest, costs and damages, which shall have accrued thereon, 
prior to such survey. 

Se.c. 26. That a collector of the taxes on the lands of non- A collector t<^ 
resident proprietors, in the Virginia MiUtary Tract, shall be be appointed- 
appointed by the governor, to continue in office, for one year, 
and shall reside in the town of Chillicothe^ who shall give 
bond, in double the sum by him to be collected, in the man- 
ner as required of county collector*, and shall be subject to 
the same penalties and duties as other collectors, and shall 
be proceeded against in the same manner, if he shall be d<?-5 

3E 



418 TAX. 

linquent in the payment of the taxes by him to be collected, 
and shall conduct himself in his office in every respect as other 
collectors are by this act directed to conduct themselves, 
except as hereafter directed ; and the said collector shall 
receive on all monies by him collected, four per cent, as his 
commission for such collection. 
Notice to be Sec. 27. That the collector for the Virginia Military Dis- 
given before trict shall, before he proceeds to sell any lands for taxes, ad- 
sale, vertise the day and place of sale, which shall be in the town 
of Chillicothe, on the first Monday of April, yearly, after the 
taxes shall have become due, at least six weeks, successively, 
in the Scioto Gazette; and all collectors of taxes shall have 
Sales may bcp^-^^gj. ^q continue the sales from day to day, by adjournment, 
until they shall have alphabetically exposed to sale all lands 
in their duplicates, that may be liable to be sold ; and no col- 
lector shall expose to sale any lands but betw^een the hours 
of nine in the forenoon and four in the afternoon: and the 
collector shall, w^itliin thirty days thereafter, make out and 
transmit to the auditor of public accounts, a list of all lands 
hy him so sold, stating the quantity and particular part sold 
out of each tract, together with the names of the purchasers 
"froviso, and person to whom the tax stood charged: Proxided^ That 
the collector of the Virginia Military District, for the year one 
thousand eight hundred and three, shall make out and trans- 
mit to the auditor, by the first day of April next, in the man- 
ner and form herein described, a list of all lands by him sold 
for the taxes, for the year one thousand eight hundred and two. 
When collect Sec. 28. That the collector for the Virginia Military Dis- 
tion shall be trict, shall, from and after the first Monday of August, an* 
Traet^ * * iiustllji collect and receive all taxes of non-residents, charged 
with taxes upon his duplicate ; and in case payment be not 
made by the first Monday of December, said collector shall, 
charge all delinquents with a penalty of twenty-five per cent. 
on the taxes of all delinquents; and it shall be his duty, with- 
in ten days thereafter, to make out and deliver to the audi- 
tor, a schedule from his duplicate of all the taxes that shall 
not have been paid by the time aforesaid; and the auditor, 
on receiving the schedule, shall charge the collector with the 
said penalty on the amount of all the taxes contained in his 
schedule. 



[Act of February 20, 1805, 3 r. L. O.p. 291.] 

An act for the relief of certain land holders. 

Rowlands ggc. 1. That persons holding lands in this state, subject J 

SSffe^d from *^ taxation in the year one thousand eight hundred and two, 
jpenalties. or one thousand eight hundred and three, who have had the 



TAX. 41B 

same entered in cither of those years for taxation in the pro- 
j>er office where such lands have been since classed and en- 
tered, by the auditor or other proper person, agreeably to 
the act levying a state tax, passed the eighteenth of Februa- 
ry, one thousand eight hundred and four, the holders of such 
lands, by coming forward by themselves or agents, at any 
time before the first day of April next, shall be previleged 
and have a right to enter such lands in its [their] proper 
class, and thereupon be released from the twenty-iive per 
centum and other damages incurred by the last mentioned 
act: Provided^ Such land holder does, at the same time, pay to Proviso, 
the proper officer, the full amount of taxes due on said land, 
agreeable to such last entry, but in all cases where taxes 
have been paid or collected, by virtue of the above recited 
act, and the owner or owners have been charged with a 
greater sum than would have been due or payable had their 
lands been entered by the owner or his agent, agreeable to 
the provisions of the before recited act; the amount so 
overcharged shall be deducted out of any taxes that shall, j °^^^' , 
hereafter, become due, together with six per centum, dis- deducted, 
count on the amount so overcharged; and persons holding 
lands as aforesaid, which have been liable and subject to 
taxation in one thousand eight hundred and two, or one 
thousand eight hundred and three, agreeably to "An act 
levying a tax on land for the year one thousand eight hun- 
dred and two, and for other purposes," who have not had 
the same entered for taxation in either of those years, and 
which have been entered by the auditor or other proper offi- 
cer for taxation, agreeably to the provisions of the act levy- 
ing a state tax, passed the eighteenth of February, one thou- 
sand eight hundred and four, the holders of such lands, on 
coming forward before the first day of April, aforesaid, shall, 
in like manner, be privileged to have the same entered in its 
[their] proper class, and thereon be released from the twen- 
ty-five per centum, and other damages incurred by the last 
mentioned act: Provided^ Such land holders do, at the same provko, 
time, pay to the proper officer the full amount of taxes due 
on said land for the year one thousand eight hundred and 
four, agreeably to the entry last made: Provided also, That Proviso, 
the holders of such lands do moreover pay, at the same time, 
all the taxes due thereon for the year one thousand eight hun- 
dred and two, or one thousand eight hundred and three, with 
the forfeitures and per centage due thereon, in consequence 
of such tax not being paid agreeable to law. 

Sec. 2. That the auditor shall forthwith proceed to make Parts of tracts, 
out an abstract of the sales made in November, one thousand "^* t^^f ^*^ ^® 
eight hundred and three (except so much thereof as have original hold" 
been redeemed) therein charging the purchaser or purcha-er. 
sers with the tract or parts of tracts by them purchased, and 
deducting in a proper manner the quantity sold from each 



420 



TAX. 



original tract, and charging the remaining part to the ori' 
ginal holder, in the same class or rate it was placed in at 
the time of sale, and shall forward a duplicate of the same 
to the collector, against the first Monday of April next. 
Ta t of t ^^^* ^' '^^^^ ^^^^^^ parts of the act levying a state tax for 



suspended. 



Publication. 



Eflect. 



the year one thousand eight hundred and four, which come 
within, and are contrary to the provisions of this act, are 
hereby suspended until the first day of April next. 

Sec. 4. That this act, shall be published in the Scioto 
Gazette, with a request that the editors of newspapers 
tJuroughout the United States publish the same, for the in- 
formation of persons holding lands in this state. 

Sec. 5. That this act shall be in force from and after the 
passage thereof. 



Hates of tax- 
ation , 



Collectors of 
Butler and 
Muskingum 
to collect tax 
for 1804. 



[Act of February 22, 1805, 3 v. L. O. p. 236.] 
An act to amend "An act levying a state tax." 

Sec. 1. That first rate land shall be taxed at the rate of 
ninety cents, per hundred acres, second rate sixty-five cents, 
per hundred acres, and third rate forty cents, per hundred 
acres, and all lands shall be taxed agreeable to the entry 
that was last made by the owner or agent; and all land that 
has not been heretofore entered by the owner or agent, shall 
be entered by the auditor or other proper officer as second 
rate land and taxed as such: Provided^ That if any person 
thinks his land has been entered in an improper class, he 
may, on application to the proper officer for that purpose 
either by himself or agent, have his land entered in the class 
to which it properly belongs. 

Sec 3. That the collectors of the state tax in the coun- 
ties of Butler and Muskingum, for the present year, are 
hereby authorized and required, to collect the state tax for 
the year one thousand eight hundred and four, in the same 
manner, and under the same regulations, and be subject to 
the same penalties as directed in the before recited act. 



[Act of January 31, 1807, 5 r. L, O. p, 108.] 
An act directing the mode of redeeming certain land sold for tax,- 

llow ftmes CO' ^^^' ^* That when lands have been, or may hereafter be 
rer^, insane sold for taxes, belonging to any minor, feme covert, insane 
persons, &c. person, or person in captivity, who have the right by law to 
may redeem j.g(|(.(,jj.j ^\^q game, such person or persons, his, her or their 



TAXv 421 

agent or attorney, shall apply to the auditor of public ac- lands sold for 
counts, (or other proper officer, who may be legally autho- tax. 
rized to receive the returns of sales, from the collectors of 
taxes on lands sold as aforesaid) for a statement, in writing, 
of the amount of the tax, interest and penalty, for which 
the land was sold, together with the amount of taxes paid 
by the purchaser, with the legal interest required by law to 
be paid for the redemption of such land, and the auditor, or 
other proper oificer shall furnish such statement uiider his 
hand and seal, for which he shall have a right to demand 
and receive twenty cents ; and the person or persons, his, her 
or their agent or attorney so applying, who have had land 
sold in the Virginia Military District, shall deposit the full Amount to b^ 
amount contained on such written statement, with the state deposited. 
treasurer, and in the other parts of this state, with the trea- 
surer of the county in which the land is situated, who are 
hereby authorized and required to receive the same, and 
give a receipt therefor, and forthwith proceed to give notice Notice to be 
in any two of the public papers printed in this state, therein S^^en. 
describing the land as it was entered for taxation; for whom 
it was originally entered, and the quantity in the original 
tract; in whose name sold; the quantity sold, and to whom; 
the water course and county, if known therein, also, notify- 
ing the purchaser, his, her or their heirs, or assigns, that he, 
she or they will proceed at the next court of common pleas, 
held within the county where the land so to be redeemed 
may be situate, to exhibit proof of his, her or their right of 
redemption in such lands, and that the amount of the redemp- 
tion money, has been deposited with the treasurer, as afore- 
said, which advertisements shall be inserted six weeks succes- 
sively, previous to the sitting of said court. 

Sec. 2. That the court of common pleas shall, on such PowerofC.C> 
person or persons, his, her or their agent or attorney, pro- P. in the mat ^ 
ducing the statement of the auditor or other proper officer, *^^- 
as before required, and the treasurer's receipt for the amount 
contained therein, proceed to hear the evidence of the claim- 
ant and of the purchaser, his heirs or assigns (if he or they 
attend and desire to be heard) and if upon such examina- 
tion, it shall appear to the court that the claimant has a legal 
right to redeem such land, they shall adjudge the same to 
him, her or them, on paying the amount of damages and costs 
as required by law, and the clerk of the court shall, thereon, 
at any time, furnish the purchaser, his heirs or assigns, with 
a copy of such decision, which shall entitle such person to the 
money deposited with the treasurer, who shall, thereon, de- 
liver and pay over the same, taking a receipt therefor, which 
he shall file in his office; and in case any improvements have 
been made on such land, the court shall (in case the parties 
cannot agree as to the amount of the improvements) appoint 
•three judicious, disinterested men, to value the said improve? 



422 



TAX. 



Improvement: 
to be paid for, 



How minors, 
Joint owners, 
may redeem. 



Ei?«ct, 



ments, under oath or affirmation, and return the same under 
their hands to the said court, who shall have the same en- 
tered on record, and on payment thereof, award to the claim- 
ant restitution of the said lands. 

Sec. 3. That when lands are claimed by t"Wo or more 
minors, they shall respectively, as either of them attains to 
lawful age, redeem the same by depositing his or her propor- 
tion of the redemption money, as aforesaid. 

This act shall be in force from and after the passage 
thereof. 



Uci ofFehrum-y 22, 1808, 6 r. L. O. p, 140.] 
An act to amend the act levying a state tax. 



Land sold for 
taxes, subject 
to redemption 
within one 
year. 

The manner 

ofredemp- 

ijon. 



"Proviso. 



Residents' 
lands impro- 
perly entered 
on the non-re- 
sident dupli- 
cate, how cor- 
rected. 



Sec. 1. That if the owner, or owners of any tract of land, 
which shall hereafter be sold for taxes, under the act, to which 
this is an amendment, his or her agent, shall within one year 
from the time of such sale, lodge with the collector the 
amount of tax and legal costs, and one hundred per cent, 
damages thereon, then and in that case, the said land shall 
revert to the original owner, and the collector shall pay 
over all such money so received to the person or persons 
who purchased the said lands, at the said sales, if demanded, 
and if not demanded within six months after it is lodged, as 
aforesaid, the collector shall pay the same over to the state 
treasurer, who shall receive it, and pay it over to the purchas- 
er, if demanded within three years, on his producing the 
certificate of sale, and receipting for the money on the back 
thereof; and so much thereof as shall not be demanded 
within the period aforesaid, shall become the property of the 
state, and the collector shall be entitled to retain for his 
trouble and to his own proper use, seven per cent, for all 
monies that he shall receive and pay over under the autho- 
rity of this section: Provided^ That the auditor shall charge 
the purchaser of the said land with the tax of the succeeding 
year; and every person redeeming land shall pay all taxes 
due on the same, from the time of sale to the time of re- 
demption, and cause a transfer to be made on the auditor's 
books. 

Sec 2. That when any tract of land, the property of a re- 
sident proprietor, shall be improperly entered in the non-resi- 
dent duplicate, it shall be the duty of the clerk of the commis- 
sioners of that county, in which the said land shall be situate, 
on the application of the owner or his agent, to give a certifi- 
cate stating that the said land is entered for taxation, in the 
resident duplicate, and on this being delivered to the collec- 
tor of the district, in which the said land has been improperly 



TAX. 423 

r-ntered, be shall suspend the sale of said land, and on his 
presenting the said certificate to the auditor, iie shall pass 
the same to the credit of the said collector, and immediately 
remove the said entry from the non-resident duplicate. 

Sec. 3. That the rate of taxation hereafter shall be at the Lands how 
following rates, to wit: first rate land at one hundred cents ^^^^'^ ^"'^ 
per hundred acres; second rate at seventy-five cents, per 
liundred acres, and third rate at fifty cents, per hundred 
acres. 

This act to take effect, and be in force, from and after the Effect 
passage thereof.* 



[Met of February 19, 1810, 8 tj. L. O. p. 315.] 
An act levying a tax on land. 

Sec. 1. That all lands within this state, the property of What lands 
individuals, not exempted from taxation by any contract ^'J^j®^* ^^ *^^' 
between the United States and this state, shall be subject to 
taxation yearly and every year, and stand charged therewith, 
to be levied and collected in manner herein after directed. 

Sec. 3. That the different rates of land, as above defined. Plates of taxa- 
shall be and remain charged with tax for each and every ^ion. 
year, at the following rates, to wit: first rate land, one dol- 
lar and twenty-five cents ; second rate, one dollar, and third 
rate, sixty-five cents, each per hundred acres. 

Sec 17. That each district collector, immediately after when taxes 
receiving his duplicate as aforesaid, shall advertise the same shall be paid, 
on the door of his office, and at the door of the court-house 
for each county within his district, and also in one of the 
newspapers printed within, or in circulation within his 
district, setting forth the manner of collection, the time 
that the tax is required to be paid, and the penalty which 
will then accrue, if not punctually paid, for which he shall 
be allowed such compensation as shall appear reasonable, 
on settlement with the auditor; and after advertising, as 
aforesaid, he shall proceed to receive all taxes charged 
on his duplicate, and receipt therefor: and all non-resident 
proprietors holding lands, within this state, which have 
heretofore been, or shall hereafter, become subject to taxa- 
tion, shall, by themselves or agents, pay the full amount of 
all taxes, penalties and interest, due thereon, to the proper 
officer, legally authorized, to receive the same, on or before 
the fifteenth day of December, annually. 

*The act of February 20, 1809, 7 v. p. 149, amends the several acts "levy- 
ing a state tax," but its provisions extend no further to the land tax than If 
appropriate a part for county purposep. 



424 t.ix. 

Collector^ to ^^^* ^^' That ill case full payment of all taxes, interest 
return land c^nd penalties, is not made to the collector as aforesaid, on 
delinquent, any part or tracts of land charged on his duplicate, on or 
before the last of December, annually; the collector to whom 
the same ought of right to have been paid, shall make return 
of all such dehnquencies, in a regular manner to the auditor, 
at the same time he is bound to make his general return ; for 
which such collector shall have a credit on settlement with 
When a tract ^^"'^ auditor; and in making out the duplicate for the suc- 
is returned de-ceeding year, the auditor shall charge all such lands, as are 
Knoucnttwo ^j such collector returned delinquent as aforesaid, with all 
Jhairomit^ °^ arrearages of tax and interest, together with one hundred 
sending it out. per cent, thereon, in addition to the tax which would of 
course accrue. And if any tract or part of a tract, should 
be a second time returned delinquent by the collector as 
aforesaid, the auditor shall record the same in a book pro- 
vided for that purpose, and shall omit sending it out on the 
duplicate in future, until the proprietor or his agent shall 
' make full payment into the state treasury, as herein after 
required. 
Penalty of 100 Sec. 19. That the auditor shall charge all lands returned 
percent, to be to his office delinquent as aforesaid, with the tax, penalties 
hereatter ^^-^^ interest due thereon, according to the rate of taxation 
° * for each year, under the different laws heretofore in force, 
for levying a tax on land, from the time such tract become 
subject to taxation, until paid; and shall, moreover charge 
all such lands with one hundred per centum on the amount 
of tax, which may. hereafter accrue for each je3.r that the 
same shall remain unpaid on the last day of December, an- 
nually; and that whenever the proprietor of any tract of land 
on which penalties have or may accrue as aforesaid, either 
by himself or agent, shall appear for the purpose of paying 
the same, the auditor shall deliver to him or them a certifi- 
cate of the amount of tax, interest and penalties due thereon ; 
which certificate shall be delivered to the state treasurer and 
filed in his office, and the amount of money therein stated, 
paid to the said treasurer, who shall receive the same, and 
receipt therefor; which receipt shall be immediately filed 
with the auditor, who shall charge the treasurer with the 
amount of such receipt, and shall again place an entry of 
such tract or tracts of land on the duplicate of the proper 
district or county, and charge the same with tax as other 
lands on which the tax has been regularly paid, and make 
such note or memorandum on the record, as will prevent 
any further accumulation of penalties, so long as the taxes 
shall be regularly paid, as required by law. 
An one oint ^^^* ^^' That when any tract of land charged with taxes 
owner may under the provisions of this act, may be owned by two or 
pay his part, more persons, the collector shall receive from any person 
tendering the same, his or her proportion of the tax 4uc. 



ihercon ; and each collector shall receipt for all monies by 
him received in payment of taxes, therein describing in a 
proper manner each tract or part of a tract, on which the 
tax has been paid. 

Sec. 32. That the state shall have a perpetual lien on The state ha5 
every tract of land for the full amount of tax, penalties and^^^^J'J^"^^^'^ 
interest whicli has, or may hereafter become due thereon; 
and no omission, or neglect of entry or ignorance of the law, 
shall in any wise destroy the claim or lien of the state; and 
all land shall be liable to be sold for the taxes, interest and 
penalties due thereon, under the provisions herein after con- 
tained; and in all cases, where the auditor cannot ascertain 
the name or names of the present owner of any tract of 
land, it shall be suflicient for him to describe a tract or par- 
cel of land, by the number of entry, or range, or township 
and section, or lots (as the case may be) or any part thereof, 
wdth the name of the original proprietor or any other sub- 
sequent owner; and no misnomer of the proprietor, shall in 
any manner affect any sale made for taxes: Provided, The 
tract of land is sufficiently identified. 

Sec. 33. That where lands may be returned delinquent. Lands to hk 
and a re<:ord made thereof, as described in the eighteenth ^^^'^ ^^^' *^^' 
section of this act, the auditor shall, at the expiration of three 
years thereafter, (if the tax, interest and penalties with 
which such tract may stand chargeable is not paid) make 
out an accurate list of all such lands, particularly describing 
each tract or part of a tract by its number of entry or range, 
township and section or lot, as it appears on record^ and an- 
nex to each tract or part of a tract the tax, interest and pe- 
nalties due thereon, and transmit the same to the collector of 
the proper district, at the time he forwards the duplicate for 
thc.other lands; and on receiving the list transmitted as afore- Notice toW^ 
said, the collector shall advertise the same in at least one ofS^'^^*** 
the newspapers printed or in circulatian within his district, 
iind also at tlie door of the court-house in each county with- 
in such district; in which advertisements, each tract or part 
of tract shall be described as in the list containing the same, 
with the amount of tax, interest and penalties with which it 
stands chargeable, as also the time of sale, in case the amount 
due thereon is not previously paid to the proper officer; and 
if the full amount due to the state-, is not paid as required 
by this section, before the first Monday of December there- 
after, the collector shall proceed to sell to the highest bidder, 
so much of each tract which shall then remain delinquent, 
as will pay the tax, penalty and interest due thereon, and 
shall continue the sale from day to day, until all the land 
contained on his list is sold, or offi^red for sale; but in no 
case shall any tract of land be sold for less than the full 
amount due to the state, with all costs of sale; and when a Manner o'f 
trract of land is offered for sale, by virtue of this act, the^^^^- 

3F 



42(> TAX. 

collector oiTering the same shall alvv'ays, previous to hi^ 

receiving a bid, designate from what part of the tract the 

same is to be surveyed, and at all subsequent sales under this 

act, the lands to be sold shall be adjoining any tract or tracts 

previously sold. 

Whoshallnot '^^^' ^'^' That it shall not be lawful for the auditor, crier, 

be purchasers, or any district collector, or other person for their use, to 

purchase any land sold for taxes under the provisions of this 

act; and in case they, or either of them should so offend, 

the person so offending shall, on conviction thereof before 

any court having competent jurisdiction, forfeit and pay any 

sum net exceeding three hundred dollars, for the use of th9 

state, and all such sales shall be void. 

TT^ * X Sec. 35. That vrhen any tract of land is held by two or 
How tenants -, . , j r • j i • ^ 

in common more ciaima^its, as tenants in common or otherwise, and 

jnay pay tax. either of them shall fail to pay his proportion of the taxes, 
penalties and interest due thereon, as required by this act, 
the share, part or proportion belonging to such delinquent or 
delinquents, shall be sold for the taxes, penalties and interest 
due thereon, in the same manner as other lands are under 
this act; and the purchaser or his assignee may, at any time 
Partition may thereafter, make application to the proper court, in all 
lebad, respects, as described by the act providing for the partition 

of real estates, for the purpose of having the portion or part 
of such delinquents set off, and the court and all officers 
, concerned in carrying into effect the aforesaid act, shall pro- 
ceed in all respects as if such dehnquent had himself ap- 
peared before the court for that purpose, and after such 
division or partition has been made, the purchaser under this 
act, shall take his purchase or quantity to him sold for taxes, 
out of the portion of land set off to such delinquent as afore- 
Said, in the same manner as though it had been set off pre-- 
vious to such sale. 
Book of sales ^^^* ^^' That the collector shall keep fair and accurate 
to be kept, minutes of all sales by him made under the provisions of 
this act, setting forth the amount of such sale, and the name 
of the purchaser, (if sold) together with the place of his 
residence, which shall be returned to the auditor, by such 
collector, at the time he is bound to make his general return; 
and the collector and his securities shall stand charged with, 
and pay over all monies arising from such sale, at the same 
time and in the same manner as he or they are bound to do, 
in case of other monies, under the provisions of this act. 
Collector to ^^^* '^^' That if the whole tract, as contained in the ori- 
jriake a deed, ginal survey, should become subject to sale, and actually sold, 
the collector making sale as aforesaid shall, after receiving 
the purchase money, make a deed of conveyance tlierefor to 
the puichaser, for which he may demand from such purchaser 
the sum of seven ty-tive cents, and in which he shall convey ; 
all the right, title, interest and claim of all prior claimants. 



TAX. 427 

Sec. 38. That where any part of a tract or survey shall To ^ive certi- 
hc sold under the provision of this act, the collector making ^^^*^ \^ P^^' 
such sale shall, after receiving the purchase money, give to ^ 
the purchaser a certificate of such sale, directed to the sur- 
veyor of the proper county, requiring him to survey and lay 
olf by metes and bounds, the quantity of acres sold, havings ^ 
regard to include that part only which is in arrears for taxes, J*"^^^^^'^ ' 
and subjected to a sale under the provisions of this act, which 
survey shall be correctly made out and certified and signed, 
by the proper surveyor, and by him transmitted to the col- 
lector who issued the same, or to his successor in office, who 
shall make a deed of conveyance thereon to the purchaser or 
his assignee, subject, however, to ail the provisions contained 
in the preceding section of this act. 

Sec. 40. That when any tract of land shall be offered for Lands whieh 
*?ale, agreeable to this act, and not sold for want of bidders, ^^^^^"°*^^'^^^^'® 
ihe collector shall make return thereof to the auditor, as in ^l^^^ sub^ect^ 
case of other delinquencies, for which he shall have a credit to redemption 
on settlement with the auditor; and all lands returned by 
the collector, not sold for want of bidders as aforesaid, shall 
thienceforth become the property of the state; subject, how- 
ever, to be redeemed by the owner or his lawful attorney, at 
any time within one year after such return is made. 

Sec. 41. That if any land shall be sold for taxes, nnder Femes covert 
this act, the property of any minor, feme covert, insane per- ^^- ^^y ^®-'" 
son, or persons in captivity, such person or persons shall have 
his, her or their possessioqs restored, on his, her or their com- 
plying with all the requisitions of the act directing the mode 
of redeeming certain lands sold for taxes, and commencing 
the legal course, as directed under the aforesaid act, within 
one year after such disability shall be removed. 

Sec. 43. That if any collector of tax on lands of non-resi- CoJJectors 

dents, shall fail to pav over all monies wherewith he mav5i\"?*^P''^'^' 

11 1 r 1 . 1 y -I . 11. 1 " snail be pro- 

stand charged, agreeably to law, or tail to make his regular fceeded 

return and settlement as by this act required, the auditor is against in a 

hereby required, at any time after the expiration of fifteen ^"'^^^i"/ 

days from the time he is bound to make his general returns, 

to make out an accurate account of the sum due from each 

delinquent district collector, and transmit the same to tha 

clerk of the court of common pleas of the proper county 

wherein such collector may reside, accompanied with the 

bond given by such collector and his securities, who shall 

immediately, on the receipt thereof, issue a summons to the 

sheritTor other proper officer, commanding him to notify the 

collector and his securities to appear, at the succeeding terra 

of the court, and shew cause (if any there be) why trial and 

judgment shall not be then had against them, at the suit of 

the auditor; and unless it shall be made to appear, on legal 

evidence, that right and justice cannot be then administered, 

such court shall iaamed lately order suoh cause for trial ; and 



428 ^AX. 

if it shall appear that any money is due from the collcciorv 
either to the state or any county therein, or that he has not 
comphed with the duties enjoined on him hy this act. judgment 
shall he forthwith rendered up against him and his securities 
for the amount so due, with interest and legal costs, and ten 
, per centum penalty, from which there shall be no appeal, 
iTxecution hut execution shall immediately issue thereon, against the 
shall issue. goods, chattels and real estate of such collector and his se- 
curities jointly, and the sheriff or other proper officer shall 
levy on the said goods, chattels and real estate, and advertise 
the time and place of sale for twenty days previous thereto, 
land shall then proceed to sell, at public vendue, to the high- 
est bidder^ the whole or so much of said propert}^, as will sa- 
to^be vakiecfor ^^^fy ^^^ ^^^^ execution with interest, penalty and legal cost?^ 
extended, m .which ca?e there shall he no valuation or extension of real 
estate; and the sheriff levying such execution shall, within 
twenty days after the day of such sale, pay the sum so col^ 
lected into the state or county treasury, or a part into each, 
as the same shall be due, agreeably to the apportionment cer- 
tified by the auditor^ and take the treasurers receipt for the, 
same, and shall settle with the auditor in the same manner 
as collectors are hound to do by this act, and shall be allowed 
the same travelling fees as otherwise would have been paya- 
l)le td the collector. 
^on-resident3 ^^'^' ^^* That each and every non-resident proprietor of 
to relist their land lying Within this state shall^ within one year after the 
lands. taking etfect of this act, come forward to the auditor or i^ 

the collector in whose district such land may be situated, 
either by himself or agent, and re-list all his, her or their 
lands, by particularly describing each tract or part of a tract', 
by its proper number of entry, range, township, section', 
lot or grant; and with respect to its quality, it shall be 
classed, in every respect, according to the true intent and 
meaning of the second section of this act; which list shall be 
given under the oath or affirmation of the proprietor or his 
agent, which oath or affirmation the auditor and district col- 
ectors are severally empowered and required to administer; 
and in all cases where the proprietor of any land, as afore- 
said, shall fail to appear, either by himself or agent, and re-' 
list his, her or their land as aforesaid, or shall neglect or re- 
fuse to make oath or affirmation to such list, as required by 
this act, or otherwise establish the rate of said land, to tlie 
satisfaction of the auditor or collector, and the auditor shall 
charge all such land as second rate, and as such shall stand 
charged, until it shall he made appear, under oath or affir- 
mation, that it is placed in a class superior to its real qua- 
lity. 

Sec. 50. That for the levying a tax on resident proprie- 
tors' land, for the year one thousand eight hundred and ten, 
all such proprietors shall enter their lands with the township 



TAX. 



42S 



fister, at the same time such listers are taking the list of How resident 

taxable property for county purposes, for that year, des- ^JJ^P 5^"*^'* 

cribing each tract or part of tract, in the same manner as is iq^q^ 

required by the fourth section of this act, which lister shall 

make return thereof to the county commissioners on or before 

the first Monday of June next ; from which list the county com- 

missionei-s shall make out the duplicates of residents' tax for 

their respective counties, agreeably to the rule of taxation 

mentioned in the third section of this act, and shall cause the 

same to be collected and paid over to the district collector, 

in the same manner as is directed by the tenth section of this 

act, and shall, moreover, make out a certified copy of such , 

duplicates, signed by at least two of such commissioners, and ' 

transmit the same to the auditor's office, on or before the 

first day of August next, and the auditor shall examine, and 

if necessary, correct the same, and cause a record to be 

made thereof in his office. 

Sec. 52. That the "act levying a state tax," passed on Laws repealed 
the twenty-seventh day of January, in the year of our Lord 
one thousand eight hundred and six, and all such acts as are 
mentioned in the thirty-fifth section of that act, together with 
the "act to amend the act levying a state tax," passed on 
i-hc twenty-second day of February, in the year of our Lord 
one thousand eight hundred and eight, and the "act to amend 
the several acts levying a state tax," passed on the twentieth 
day of February, in the year of our Lord one thousand eight 
hundred and nine, shall be, and the same are hereby repeal- „ . 
»d : Provided^ That all fines, forfeitures, penalties and interest 
due, and owing under the provisions or requisitions of either 
of the above recited acts, or those referred to as above, shall 
be collected and paid over to the proper officer authorized 
to receive the same; and all suits or prosecutions commenced 
under the provisions therein contained, shall be prosecuted 
to final judgment and execution, in the same manner as 
though this act had not passed; and all persons having the 
right of redeeming lands, heretofore sold for taxes, under 
the provisions of either of the aforesaid acts, shall have the 
same right of redemption as though this act had not passed. 

This act shall tajce effect, and be in force, from and after Effects' 
the passing thereof. 



[Act of January 1, 1811, 9 i?. JL 0,p. 3.] 

An act supplementary to the act levying a tax on land,. 

Sec. I. That the district collectors, for the time being, shall 
make deeds to the purchaser or purchasers, his or their heirs 
or assigns, for all lands heretofore sold for taxes within thefr^ 



430 



TAX* 



Collectors to respective districts, which have not been conveyed in the sam§ 

make deeds manner, and under the Hiie restrictions, as the collector, who 

iJfQYesold^^' i^^^^the sale, might have done under the law authorizing such 

sale; and for every such deed or conveyance he shall be en- 

rro.viso. titled to receive seventy-five cents: Provided, That all deeds 

and conveyances of land made by the district collectors, from 

and after the nineteenth day of February last, for land sold for 

the non-payment of taxes previous to the passage of this act, 

be, and they hereby are made and declared as good and valid 

in law, to all intents and purposes, in the same manner as if 

the act, entitled "An act levying a state tax,*' passed the 

twenty-seventh day of January, A. D. one thousand eight 

hundred and six, had not been repealed. 



Hates. 



Congress 
lands sold, 



[Ad of February 7, 1814, 12 i;. L. O. p, 92.] 

An act supplementary to the ac4; levying a tax on land. 

Sec. 1. That the tax for the year one thousand eight hun* 
dred and fourteen, on all lands heretofore subject, or becom- 
ing subject to taxation by the laws of this state, heretofore 
in force, shall be as follows: on all first rate land, two dol- 
lars for each hundred acres; on all second rate land, one 
dollar and fifty cents, for each hundred acres; and on all 
third rate land, one dollar for each hundred acres, agreeably 
to the classification made under the act levying a tax on 
land. 

Sec. 2. That for the year one thousand eight hundred 
and fourteen, there shall be assessed on all land sold by the 

how toberat-^j_^j^|.gjj States within five years preceding the first day of 
January in the year last mentioned, the following tax, to 
wit: on all first rate land, one dollar and twentj^-five cents, 
for each hundred acres; on all second rate land, one dollar, 
fop each hundred acres; and on all third rate land, sixty-five 
cents, for each hundred acres. 

Lister^s duty. Sec. 3. That the listers of the several townships within this 
state, shall , between the tenth day of April and the tenth day 
of May in the present year, go to the dwelling of every person 
within his township, who is a proprietor of land purchased of 
the United States within five years last preceding the first 
day of January in the present year, and take from each of 
such proprietors, a list of all the lands that such proprietor 
may own within the state, purchased of the United States, 
•within the period aforesaid; which list shall be reduced to 
writing, and the proprietor's name subscribed thereto, parti- 
cularly setting forth the present owner's name, the original 
purchaser's name (when transfers have been made) the quan* 
tity of acres then listed, and the rate of each tract, the number 



TAX. 431 

of the range, township and section, in which such land is situ* 
ate, and a description of the parts of sections hsted, and the 
county in which such tract of land is situated, and in taking such 
list, the lister is hereby empowered and required to adminis- 
ter to each person from whom he may receive the same, the ^^*^*<^ bead*- 
following oath or affirmation : "You do solemnly 

swear (or affirm, as the case may be) that the lands mention- 
ed in the list now exhibited, is all the land you own within 
the state of Ohio, purchased from the United States, within 
five years preceding the first day of January last, and that the 
same is classed agreeably to the true quality of said land: 
Provided^ That in all cases where any person shall enter his Proviso, 
or her land as first rate, he or she shall not be qualified as to 
the rate of such land. 

Sec. 4. That if any person owning land required by this Double tax 
act, to be listed, shall neglect or refuse to list the same in ^^ ^^ charged 
the manner before provided, it shall be the duty of the lister ^g''f^g^'*'^^^y>° 
in all such cases, to make a list of the same, according to 
the best information he may be able to obtain, and to make 
a separate return thereof; and all land so returned, shall be 
charged as first rate, and with a double tax. 

Sec. 5. That the several listers shall, on or before the Listers to 
fifteenth day of May next, return to the clerk of the com- i»ake return ■ 
rjiissioners of their county, all the lists by them taken under 
the provisions of this act: and such clerks shall each make 
out two accurate alphabetical abstracts of the lists to them 
returned, one copy of which, together with the original lists, 
shall be deposited with the commissioners of their county, 
and the other, signed by at least two of the commissioners, 
shall, on or before the first day of July next, be transmitted 
by the clerk making the same to the auditor's office ; and the 
auditor shall record the same and charge the proper county 
wi'h the amount thereof, according to the provisions of the 
eighth section of the act to which this act is supplementary. 

Sec. 6. That the commissioners of the several counties Commissiot.- 
shall subjoin to the annual duplicates by them made out, ers duty, 
alphabetical duplicates of the land listed for taxation under 
the provisions of this act, with the amount of tax calculated 
thereon, and the same shall be placed in the hands of the 
collectors, and be by them collected and accounted for as 
dther taxes are collected and accounted for. 

Sec. 7. That the commissioners of each county, shall Commission- 
make such allowance to the several listers within their ^^^*®P°"^P^^' 
county, and to their clerk for services to be rendered under ^^ ^ ^^ ^^^* 
the provisions of this act, as such commissioners shall judge 
reasonable; and all such allowances shall be paid by orders 
on the county treasurer. 

Sec. 8, That the auditor, after procuring from the differ- Auditor's du- 
ent land offices abstracts of the land subjected to taxation by ty in listijj^ 
the second section of this act, and after also receiving the du- ^^"^^' 



432 TAXv 

piicates of residents subject to taxation as aforesaid, from the 
commissioners of the several counties, shall proceed to com- 
pare the same with the abstracts of entries received from the 
different land offices as aforesaid; and each tract or part of a 
tract which he shall find charged to a resident proprietor, he 
shall deduct from the proper abstract: but every tract which 
he shall not find charged to any proprietor resident within 
the state, he shall presume to be the property of a non-resi- 
dent, and shall subjoin an alphabetical list of all such tracts 
lying within each district, charged with the amount of tax, 
calculated at the rate specified in the second section of this 
act, as second rate land, to the annual duplicate to be deli- 
vered to the non-resident collector within whofie 'istrict they 
lie, to be, by him, collected and paid over with the other taxes 
of this present year. 
Appropriated. ^^^* ^' l^at two ninths of the tax arising from land sub- 
jected to taxation by the provisions of this act, after deduct- 
ing all defalcations and expenses, shall be appropriated and 
paid over for county purposes, in the manner provided by 
the twentieth section of the act to which this act is supple- 
mentary, and which sum shall be in lieu of the appropria- 
Mon heretofore made for county purposes. 



[Ad of December 26, 1814, 13 r. L. O. p. 34.] 

An act altering the time for the county commissioners to make out their 
duplicates of resident land tax for the year 1815. 

^ ss' n- ^^^* ^* That the commissioners of the respective counties 
ers to have shall not commence making out their duplicates of resident 
time to make land tax, until the first Monday in February, eighteen hun- 
duphcatcs. ^^ed and fifteen, any law to the contrary notwithstanding. 
N tice t be ^^^* ^* That the auditor shall give immediate notice of 
•^iven. this act to the commissioners of the respective counties, who 

shall govern themselves accordingly. 
^ .. .. This act to take effect from and after the passage thereof, 

' and shall be in force until the first Monday in December next, 

and no longer. 



[Act of January 28, 1815, 13 v. L, O. p. 105.] 

An act to extend the time for the county commissioners to make out thdr 
duplicates of resident land tax for the year 1815. 

f. •„• „ Sec. 1. That the commissioners of the respective counties, 

Commission- , „ , . i . i i- i r -j xi j 

«rs have fur- shall not commence making their duplicates oi resident land 
therti^meto (ax, until the first Monday of March, eighteen hundred and 
X^ale'i?^ ^"' fifteen, any former law to the contrary notwithstanding. 



TAX. '*'^^ 

Sfx. 2. That the auditor shall give notice of this act to Auditor to 
the commissioners of the respective counties, on or before S^^'^ notice, 
the first Monday of 3Iarch next, who shall govern themselves 
accordingly. 

Sec. 3. That the act, entitled '-An act altering the time Act^ repealed, 
for the county commissioners to make out their duplicates of 
resident land tax, for the year eighteen Imndred and fifteen," 
passed the twenty-sixth day of December, eighteen hundred 
and fourteen, be, and the same is hereby, repealed. 

This act to take effect from and after the passage thereof. Effect and 
and shall continue in force until the first Monday of Decern- ^°°'i""^^'^^' 
ber next and no longer. 



[Ad of February 15, 1815, 13 v, L. O, p, 298.] 

An act to amend tlic act, entitled "An act levying a tax on land.-' 

Sec. 3. Tliat where any proprietor of lands, now a resi- Penalties re- 
dent of this state, shall have purchased land from a non-"^^^^^^^- 
resident proprietor, since the first day of December, 1810, 
the taxes upon which have been regularly paid, up to the 
time of making such purchase, or where the lands of any 
resident proprietor have become subject to taxation since 
the said first day of December, 1810, and such lands in 
either of the before mentioned cases now stand charged with 
taxes, penalties and interest as non-resident land, all such 
penalties shall be and the same are hereby remitted: Pro- Proviso. 
vided^ That the proprietor of such lands shall, on or before 
the first day of January next, satisfy the auditor that he has 
duly entered such land for taxation, according to the provi- 
sions of this act, and shall moreover pay into the state trea- 
sury the whole amount of arrearages of taxes due thereon, 
together with lesral interest upon the same. 

Sec. 4. That the sale of all lands, which, by the laws Sale of landa 
now in force, would be exposed to sale for the taxes, penal- ^'^^ *^^^^ P®^^* 
ties and interest thereon, on he first Monday of December,^ 
1815, shall be, and the same is hereby postponed, until the 
fiVst Monday of December, 1816. 

Sec 5. That all land subject to taxation, within this Rates of tax- 
state, shall be charged wdth a tax for the year eighteen hun-^^ion for 1815; 
dred and fifteen, at the following rates, to wit: first rate 
land, three dollars and sixty cents; second rate land, two 
dollars and sixty-eight and three-fourth cents; third rate 
land, one dollar and seventy-eight cents, each, per hundred 
acres, to be paid in the same manner, and subject to the same 
penalties, as is provided by the law to which this act is an 
sfmendraent, for the taxes thereby assessed upon land^. 

3G 



434 TAX. 

[Act of January 27, 1806, 4 v. L, O. p. 74.J 

An act levying a state tax. 

Lands subicct . ^^^' •^* '^^'^^^ all lands within this state, the property of 
to taxatiori. individuals, not exempt from taxation by a contract be- 
tween the United States and this state, shall be subject to 
taxation yearly and every year, and stand charged therewith, 
to be collected and levied in the manner herein after di*^ 
rected. 
How rated Sec. 2. That all lands shall be rated and classed in the 

and cla&s«J. manner following: that is to say, first, second and third rates, 
and the rule to be observed is, thrit when a greater part of 
of any tract shall be superior in quality to second rate land, 
it shall be denomh-ated first rate; when a greater part of a 
tract shall be inferior in quality to first rate and superior to 
third rate, it shall be denominated second rate, and when a 
greater part of a tract shall be inferior to second rate, it shall 
be denominated third rate land; taking into vievf the situa- 
tion and the quality of the soil: first rate land, shall be taxed 
at the rate of ninety cents, second rate, sixty-five cents, and 
third rate, forty cents, each, per hundred acres. 
Lands may be ^^^* ^^* That the district collectors, at their respective 
sold. ofhces, shall proceed on the first Monday of December an» 

nually, to sell so much of each tract of land within his dis- 
trict, on which the tax have not, at that time, been paid, as 
will satisfy the same, and continue the same from day to day, 
„ , , until all such land is sold, or offered for sale ; and in all cases 
receive a cer- ^^6 collector shall set up the whole tract, and the person cr 
tificate. persons who will pay the tax and interest due on the same, 

for the smallest quantity thereof, shall be the purchaser, and 
the collector shall give the purchaser a certificate for the 
tract, or part of tract so purchased. 
j^ d f I ^^^' ^^' That each district, county or township collector, 
to be made, shall, when they make sale of any land for the payment of 
taxes, make a fair record thereof, describing the purchaser's 
name, the quantity sold, and in all other respects shall describe 
the same as near that of the auditor's duplicate as the nature 
of the case Avill admit; which record he shall certify and sub- 
scribe, and transmit the same to the auditor's office within 
one month from the date of such sales; and the auditor shall 
receive and preserve such record, and transfer the land so 
sold to the purchaser, for the purpose of taxation. 

Lahdsimpro- ^'^^' ^^* That in all cases where lands have, or may be 
perlysold,mo-sold for taxes supposed to be due and owing thereon,"and due 
ney may be proof shall afterwards be made to th^ satisfaction of the au- 
ditor, that the tax thus supposed to be due had been regularly 
paid to the proper officer authorized by law to receive the 
same, the state treasurer shall, on the order of the auditor, 
refund or pay oyer the amount of money with lawful interest^* 



TAX. 439 

thus improperly received > as also all taxes otherwise improper- 
ly paid and received by the proper officer, to the person thus 
legally claiming the same. 

Sec. 1 7 . That if any lands shall be sold for taxes as afore- Rights of In- 
said, the property of any minor, feme covert, insane person, or ^^'^*^»^^- ^"'^^ 
person in captivity, such person or persons shall have his, her 
or tlieir possessions restored, on paying to the purchaser or 
owner the full amount of the tax, interest and penalties due 
thereon, with the value of the improvement which shall be 
made thereon (if any) within one year after such disability 
shall be removed. 

Sec. 20. That the state shall have a perpetual lien on State has a 
every tract of land for the fall amount of taxes, penalties and ^i^^^"^"^*^*^ 
interest that hereafter may become due thereon ; and no omis- 
sion or neglect of entry shall in any wise destroy the claim or 
lien of the state, and the land shall be liable to be sold for the 
taxes, penalties and interest thereon 1 and in all cases where 
the auditor cannot ascertain the name or names of the pre- 
sent owner, it shall be sufficient for him to describe a tract or / 
parcel of land, by the number of entry or lot, and the range, 
township, section or part of section, and the name of the ori- 
ginal grantee, proprietor or purchaser. 

Sec. 21. That the collector of each county or township Collecio«i 
shall, from and after the first Monday of August, annually, J^^y ^^^^'^^^^ 
collect and receive from every person all taxes wherewith 
they may be charged upon his duplicate; and in case pay- 
ment be not made by the first Monday of November next af- 
ter such tax shall become due, the collectors shall forthwith 
proceed to distrain the goods or chattels of such delinquent 
or delinquents (except he is specially directed by the persoa 
or persons so charged, to sell any tract or tracts of land for 
the taxes due thereon) having first made a personal demand of 
the same ; and if the owner thereof shall not pay the taxes 
within ten days after such distress is made, the collector shall 
sell the same, or so much thereof as will be sufficient to dis- 
charge said taxes and the charges of such distress and sale, 
and the overplus (if any there be) he shall return to the owner 
or owners; but if goods and chattels cannot be found to dis- 
train, and the taxes so due shall not be paid by the first Mon- 
day of December next after the tax shall have become due, 
the collector shall proceed to sell said land, or so much of 
each tract as will discharge the tax and interest due thereon, 
and shall conduct the sales and conveyances in the same man- 
ner as is directed in case of collectors of non-residents' lands, 
which shall be at the court-house or place of holding the court 
in said county, and shall be good and valid in all cases where 
the taxes have not been actually paid, except such cases as 
is [are] described in the eighteenth section of this act. 



436 



TAX. 



Tax not paid ^^^' ^^* '^'^^^ ^^^ collectors sheill, on receiving any audit-. 
lan.l may be cd oills, endorse thereon "redeemed," with the date of re- 
solii- demption, from which time all interest thereon shall cease. 

Joint owners ^^^" ^'^' That when any tract of land charged with tax 
may pay a, in anv duplicate as foresaid, may be owned by two or more 
part. persons, the collector shall receive fiom any person tender- 

ing the same, his or her proportion of the tax due thereon; 
and each collector shall receipt for all money by him received 
in payment of taxes, therein describing, in a proper manner, 
each tract or part of a tract, on which the tax has been so 
paid. 
Collectors to ^^^' ^4. That the collectors of the several counties or 
make deeds townships and collection districts, shall respectively make 
deeds to the purchaser or puchasers, his or their assigns, for 
all lands that have heretofore been sold for taxes, (that have 
not been deeded) or shall hereafter be sold for taxes 5 and in 
case of the death of any purchaser or purchasers, then to 
his or their legal representatives, in the same manner as the 
collectors were authorized to do who made the sale (upon 
the purchaser or their representatives presenting the plat 
and certificate of survey from the county surveyor) and for 
every such deed, the collector shall be entitled to receive 
. seventy-five cents, from the person receiving the same: Pro- 

roviso. ^iJed^ That when a whole tract or lot shall be sold for tax, 

and the same has been surveyed, or the boundaries ascer- 
tained so that it can be described, the collector shall make a 
deed w ithout causing it to be resurveyed. 
Acts repealed, ^Ec. 35. That the act levying a state tax, passed the eigh- 
teenth day of February, in the year of our Lord, one thou- 
sand eight hundred and four, and the act amendatory there- 
to, passed the twenty-second day of February, in the year of 
our Lord, one thousand eight hundred and five, be, and the 
same are hereby, repealed : Provided^ That all taxes, fines, 
forfeitures and penalties due and owing under the provisions 
of either of the above recited acts, shall be collected and paid 
over to the proper officer therein authorized to receive the 
same; and all suits and prosecutions entered under the pro- 
visions therein contained, shall be prosecuted to final judg- 
ment and execution, in the same manner as though this act 
had not been passed. 



[Act of January 27, 1806, 4 v. L. O. p, 62.] 

An act authonzing the collector of Washington county, to pay certain 
monies to the treasury of Gallia county, and for other purposes. 



Belinqucnt Sec. 2. That the auditor shall, before the first day of June 

list of Wash- next, make out a copy of the schedule returned by the col- 
sent iroG^alUaJ*^^*^^^ ^^ Washington county, for the year 1803, of non-resi- 



TAX. 437 

dent delinquents within the county of Gallia, and transmit 
the same to the clerk of the court of common pleas, for 
GalHa county, and the clerk shall transcribe the same into 
the duplicate for the present year. 

This act to be in force from and after the passing thereof. Effect. 



[Act of February 21, 1812, 10 r. L, O, p, 156.] 



certain lands sold for tax." 

Sec. 1. That when any person who may have purchased Persons hold- 
any land sold for the non-payment of taxes, or his, her, or Jl^^deS Se- 
their heirs, assigns, or legal representatives, who shall hold posit same 
the collector's certificate of such sale, or the collector's deed when he draw* 
or any conveyance made therefrom, shall call on the state ^^^ J^o^^y- 
treasurer, or treasurer of any county, for any money depo- 
sited for the redemption of such tract of land, or any part 
thereof; the person so applying shall, if the money has been 
deposited for the redemption of the whole tract so purchas- 
ed or sold, deliver to the treasurer the collector's certificate, 
deed, or conveyance made therefrom as aforesaid, who shall 
endorse thereon, "redeemed" and take a receipt for the money 
so paid, which he shall file with such certificate, deed or 
conveyance, in his oflice; but if the money should be depo- 
sited for the redemption of a part only of any tract of land 
sold for the non-payment of taxes as aforesaid, the person 
holding such certificate of sale, deed or conveyance, shall, 
on application for the money, present such certificate, deed, 
or conveyance, to the treasurer, who shall endorse thereon, Treasurer'^ 
the quantity redeemed, and at all times before the whole ^^^tj. 
thereof is redeemed, return such certificate, deed, or con- 
veyance, to the person who presents the same, taking his 
receipt for the money paid on the same, which receipt the 
treasurer shall file in his office. 

Sec. 2. That where the deed of the collector, or of any ^^^jen collec- 
other person deriving title therefrom, has been recorded if' g^an be^deem- 
the recorder's office of the proper county, and the proprietor ed null and 
or proprietors thereof, has or have proven himself, herself, void, 
or themsevles entitled to the right of redemption, agreeably 
to the provisions of the act under which such land may have 
been or hereafter may be sold for the non-payment of tax, or 
agreeable to anv other law authorizing or directing the mode 
of such redemption, such person or persons, his, her or their 
agfM.it, attorney or other legal representative or representa- 
tives, shall ^Mi entitled to receive an official certificate from 
the clerk of the court, where such proof m2fy have been 
made, or from the state treasurer or treasurer of any county^ 



^^38 TAX. 

where such deed or conveyance may have been deposited ox 
endorsed (as the case may be) which official certificate shall 
be recorded in the recorder's office, where such deed or con- 
veyance has been recorded; whereupon such deed or con* 
veyance shall be cancelled, and deemed in law null and void 
as it relates to so much of said land as may have been 
redeemed as aforosad. 



COUNTY LEVIES. 

{Ad of January 27, 1 806, 4 r. L. O. p. 35.] 
An act to amend the act, entitled ^An act regulating county levies." 

fJommission- ^^^* ^' That the commissioners, in each and every county 
ers to deter- in this state, are hereby authorized to determine at their 
mine ho^ levy annual meeting in June, whether the county levy in their 
loeted? ^° ' respective counties, shall be collected by a county collector 
or the hster in each tovvnship, and in case they should de- 
termine to collect by county, they shall appoint a collector 
accordingly, and in making out their duplicates they shall 
be governed thereby, and in all cases they shall deliver to 
the collector or collectors, their proper duplicates, on or 
before the first Monday of August, annually, from which 
time the collectors shall respectively proceed to collect. 

What part of ^^^* ^' That when any town lot or part of lot shall here- 
t.own lots shall after be sold for the tax due thereon, the collector who made 
Resold. the sale shall give the purchaser a certificate, describing 

particularly the number of such lot and the quantity sold, 
which shall in all cases begin at one side of the lot and ex- 
tend from the front back parallel to the out line of the lot, 
and at any time thereafter make a deed therefor, which shall 
in all cases vest the purchaser with a title as good as that by 
which the lot was held at the time of sale. 

Compensa- Sg^. 3. That the commissioners in each and every county 

^on o IS ers, ^^ ^-^^^ state, shall allow the listers and appraisers in their 
respective counties or townships, a sum not exceeding one 
dollar and twenty-five cents per day, for each day they may 
be employed in listing, appraising and making out duplicates 
for their respective townships. 

Part of act Sec. 4. That so much of the before recited act as comes 
repealed. within the purvicw of or is contrary to this act, be, and the 

same is hereby, repealed. 
Effect, This act to take effi^ct, and be in force, from and after the 

first day of March next. 



TAX. 439 

[Act of February 11, 1812, 10 r. L, O.p. 6-9.] 
An act to amcntl the act, entitled *'Act regulating county levies." 

Sec. 1, That all bouses shall be free and exempt from Houses, lote, 
taxation, and no lots or out-lots, included in a town plat, and <S.'c. exempt 
taxed for county purposes, shall be taxed under the law le- J[Xdandtax 
rjing a tax on lands. 

Sec. 2. That the listers of the several townships shall re- Lister's duty.' 
turn to the commissioners of their respective counties, the list 
of the taxable property (required of them by the second and 
third sections of the act to which this is an amendment) ex- 
cepting so much thereof as relates to houses, on the first Mon- 
day of June, annually; and at the same time the said listers 
shall return to the commissioners the original lists by them 
severally taken from persons owning property subject to tax- 
ation ; and the commissioners of each county shall, on the said 
first Monday of June, perform the duties required of them by 
the seventh section of said act, excepting so much thereof 
as relates to houses; and shall moreover, during their ses- 
sion, commencing on the first Monday in June, annually, ap-^^__. . ^ 

. ' 11 , ^ r i 1 • r "^ xu • ^- •^' ^ ComraiasioH- . 

point a collector ol county levies, lor their respective coun- crs to appoint 

ties; or if the commissioners of any county shall be of opini- collectoT?-. 
on that the tax of such county can be collected more conve- 
niently by townships, they are empowered to appoint one 
collector for each township within such county; and each 
collector, so appointed, shall, on or before the first Monday 
of Aufi^ust next ensuing, give bond to the commissioners in 
behalf of the county, with such security as the commissioners 
may approve of, for double the sum contained in the dupli- 
cate given to such collector, conditioned for the faithful col- 
lecting and paying over all taxes to be by him collected, on 
or before the first day of January next ensuing. 

Sec. 3. That the commissioners shall make out two Coj^j^i^jio,^^ 
alphabetical duplicates of the tax assessed in each township, ers to make 
in wliich the respeetive items with which each person stands '^'^P^^^^^^^^- 
charged shall be designated, conformably to the lister's re- 
turn; one of which they shall deposit with the county trea- 
surer, for the inspection of those who may wish to examine 
the same, and deliver the other to the collector of the county 
or township, (as the case may be) on or before the first Mon- 
day of August, annually. 

Sec. 4. That the collectors shall, immediately after the Taxes when 
first Monday of August, annually, proceed to collect the to be coIlectcB 
county tax, in their respective counties, agreeably to the 
provisions of the act to which this is an amendment. 

Sec. 5. That whenever the tax on any lot or lots is not Collectors 
paid on or before the first day of November, annually, and may levy on 
no goods and chattels, can be found Avhereon to levy, the ^°* V^ °** j^ 
c-ollectgr naay levy on sugh hi or lgt$ thus <;harged, and pro- foun^^^" 



440 



TAX. 



?s otice to be 
dven. 



Record to be 
made of col- 
lector's pro- 
ceedings. 



Certiticate. 
of sale to be 
srivcn. 



Femes covert, 
&c. may re- 
deem. 



ceed to advertise the same for sale, either by publishment in 
a newspaper printed in the town where the lot or lots lie, 
or by posting up four advertisements in the proper township, 
and one at the door of the court-house of his county; in 
which publishment or advertisement shall be inserted, the lot 
or lots by number, the proprietor's names, if known, and the 
tax due on each; and the time of sale shkll be at least thirty 
days from such advertisement; and if on the day of sale the 
tax is not paid, the collector shall, in the town where such lots 
lie, proceed to sell so much of the lot or lots thus charged 
as will discharge the taxes and costs. 

Sec. 6. That whenever any lots, lands or real estate shall 
be sold at vendue by any collector of taxes, agreeably to the 
provisions of this act or of the act to which this is an amend- 
irsent, it shall be the duty of such collector to ledge with the 
recorder of the county in which such lands, &lc. ma}^ be situ- 
ated, within ten days after the vendue and sale aforesaid, the 
notification of such sale posted up by him, the newspaper 
containing the advertisement of such sale (if any) with a cer- 
tificate accompanying the same, under oath, that such notifi- 
cation was posted up according to law; which notification 
and certificate shall be recorded by such recorder; a certified 
copy of such record shall be competent testimony touching 
those facts; and the said newspaper shall be ]k:ept on file by 
said recorder; and such recorder shall be entitled to receive 
such fees of said collector for recording as may be given in 
other cases for recording, &c. 

Sec. 7. That when any town lot ot part thereof shall be 
sold for taxes due thereon, the collector making such sale 
shall give to the purchaser a certificate expressing the num- 
ber of such lot, and the quantity sold, which shall in ail cases 
begin at one side of the lot, and extend from the front back- 
to the out line, and at any time thereafter make a deed to 
the purchaser, which shall vest him with a sufficient title, in 
ease the tax for that year had not been paid previous to the 
sale ; and the said collector shall, on or before first Monday of 
January following, transmit to the commissioners of his 
county a list of all lots, or parts thereof, sold, describing the 
same as aforesaid, also the purchaser's name; which list the 
said commissioners shall keep in their office, and any certifi- 
cate by them given to any person entitled to the right of re- 
demption by this act, shall be deemed good evidence of the 
sale. 

Sec. 8. That if any lot or lots, or part thereof, shall be 
sold for taxes, the property of a minor, feme covert or insane 
person, or persons in captivity, such person or persons, shall 
have his, her or their property restored, by complying with 
the requisitions ol the act, entitled "An act directing the 
mode of redeeming land sold for tax:" Provided^ That the 
application required by the said act to be made to the audi- 



TAX, 441 

tor, shall be made to the commissioners of the proper county' 
and within one vear after the disability shall be removed. 

Sec. 1 1. That the act, entitled '-An act to amend the act Acts and parts 
entitled "Arf act regulating county levies," passed January o^ act repeal- 
twenty-seventh, one thousand eight hundred and six, and also^ * 
so much of the "Act regulating county levies," passed Fe- 
bruary nineteenth, one thousand eight hundred and five, as 
comes within the purview of this act, be, and the same are 
hereby, repealed. 



[Jet of January 27, 1814, 12 v. L, 0. p, 80.] 

An act directing how the tax on lots in the town of Columbus shall be as- 
sessed and disposed of. 

Sec. 1. That it shall not be lawful for the commissioners Lots in Column 
of the county of Franklin, to levy any tax upon lots in thebusexera;.t 
town of Columbus, previous to the first day of January, ^^^j'g "^^^^ 
Anno Domini, one thousand eight hundred and sixteen. 

Sec. 2. That the lots in said town of Columbus, shall. Lots in Co- 
hereafter, until the first day of January, one thousand eight ^"o^^^^*^^^*^'* 
hundred and sixteen, stand charged annually, with an 
amount of tax equal to the amount levied and assessed upon 
said lots by the commissioners of said county of Franklin, for 
the year one thousand eight hundred and thirteen, to be 
collected by the director of the town of Columbus, in the 
same nianner as" other county taxes. And said director is Tax how coJ- 
hereby authorized and required to proceed to collect said ^^^*®^- 
taxes, in the same manner, and with the same authority, as 
other township collectors: Provided^ That if the proprietors Pro^dso, 
or owners of lots of said town, shall, on or before the first 
day of August in each year, pay to the said director, the sum 
of one-half of the full amount assessed as aforesaid, the said 
lots shall be exonerated from all charge of tax for each year^ 
for which the sum aforesaid shall be paid. 



[Act of February 4, 1814, 12 r. L. O, p, 85.] 

An act concerning county commissioners and county levies. 

Sec. 1. That in all assessments of tax hereafter made bvHousestobe 
the county commissioners upon town lots, it shall be the dutv appraised. 
of the assessors and appraisers of such property, to take into 
consideration, and include in their appraisement and valua- 
tion of the same, all houses, and all manner of improvements 
and betterments thereon. And in all counties where the 
tax arising upon lots in towns with their improvements, and 

3 H 



442 



TAX. 



Proviso, 



Taxes upon 

dwelling 

houses. 



An act revive 
etL 



Acts repealed. 



the proportion received for the tax upon lands, shall be suffi- 
cient to meet all demands against such county ; the connmis- 
sioners of such county shall exempt horses and cattle from 
taxation: Provided^ Such exemption shall not prevent a 'town- 
ship, poor or road tax being assessed upon horses or cattle as 
heretofore. 

Sec. 2. That where the ordinary revenue of any county 
Within this state, after paying the ordirary expenses of such 
countv, shall be insufficient to pay for the erection, or to 
discharge debts that have heretofore been contracted by the 
erection of suitable public buildings for the use of such county, 
and for keeping the same m repair, it shall and may be law^- 
ful for the commissioners of every such county, to levy a tax 
on dwelling-houses for the use of such county, according to 
the provisions of the act, entitled ''An act regulating county 
levies;" and the said act shall be, and the same is hereb}, 
declared to be in full force within all such counties, so far as 
the said act relates to a tax on houses, any thing in the act, 
entitled "An act to amend the act, entitled "An act regulating 
county levies,-' to the contrary notwithstanding. 

Sec. 7. That all acts, and parts of acts, so far as the 
same are contrary to the provisions of this act^ be, and the 
same are hereby, repealed. 

Note. — Act of Jjinuary 4, 1816, 14 v. p. 52. An act for the reclemption 
of land sold for taxes. Act of January 1, 1807 and of Februar}- 21, 1812 
repealed, saving applications and decisions under theoi. 

Act of February 23, 1816, 14 v. p. 61. Time given to make out dupli- 
cates. 

Act of February 23, 1816, 14 v. p. 286. Time given to make cut dupli*. 
cates. 

Act of February 26, 1 8! C, 14 v. p. 255. Charges upon first rateiai]d^[;,75 ; 
upon second rate |3 ; and upon third rate ^2, per hundred acres. This act 
repeals those passed February 9, 1810, January 1, 1811, February 21, 1812, 
February 7, 1814, and February 15, 1815. The acts repealed are saved for 
fines, the sale of lands, &;c. Sale of lands postpjoned until the first Monday 
of December 1817. Delinquents to be charged one hundred per cent. 

Act of January 28, 1817, 15 v. p. 165. This charges upon first rate land 
^3 ; upon second $2,25 ; and upon third ^1 ,50, per hundred acres, and post- 
pones the sale of land for tax until the Grst Monday of December, 1818. 

Act of January 29, 1818, 16 v. p. 150. Each hundred acres of first rate 
land charged $2; second $1,50; and third $1. Sales of land postponed un- 
til the first Monday of December, 1819. 
of act of February 26, 1816, repealed. 

Act of December 22, 1818, 17 v. p. 3. 
taxed as other lands. 

Act of February 8, 1819, 17 v. p. 162. 



Act of January 29, 1817 and part 
Certain lots, near Dayton, to be 

First 



rate land charged $1,50; 
second .^1 ; and third 50 cts. per hundred acres. Sales of land for taxes 
postponed until the first Monday of Drcember 1819. So much olthe act to 
vi^hich this is an amendment, and of February 27, 1816, as are contrary to 
this, repealed. 

Act of Ff;bruary 8, 1820, 1 8 v. p. 69. Charges upon first rate land $\ ,50 ; 
upon second $1 ; and upon third 50 cts. per hundred acres. Sales of land to 
be made by county auditor, at the court-house, ^vho shall record the pro- 
ceedings, which i-ecord shall be good evidence. Auditor to make deeds. 
Sales of land, which by law would be sold on the first Monday of Decem- 
ber, 1820, postponed until the first Monday of December, 1822. Acts of 



TAX. 

i^ebruary 2G, 131G, January 29, 1818, and of February 8, 1819, repealed. 
Fines, taxes, suits, Sec. saved. 

Act of January 22, 1821, 19 v. p. 48. Audkor of state to make deeds for 
land heretofore sold for taxes. 

Act or February 2, 1821, 19 v. p. 111. Each hundred acres of first rate 
land charged ^l ; second 75 ct^^. and third 50cts. County auditor to make 
deeds for land. Part of original act repealed. 

Resolution of January I, 1721, [1821] 19 v. p. 207. Auditor allowed to 
receive tax for 1820, without penalty, until January 15, 1821. 

Act of December 10, 1821, l-i. L. i82l— 2, p. 3. This is a special act for 
the collection of taxes in Pickaway county. 

Act of January CO, 1822, 20 v. p. 23. County auditor to appear at court 
. and demand Judgment for tax, &:c. due prior to the year 18'20. No a])peal 
or writ of error allowed. Lands to be advertised and sold under juiie:ment. 
Auditor to return list of sales to court, which shall order a deed. Deed to 
be received as pri.ua facie evidence of title. — Lands which do not sell tx) be 
forfeited to the' state. 

Resolution of January 8, 1822, L. L. 1821—2, p. 61. Auditor to receive 
tax, Avithout penalty, until January 15, 1822. 

Act of December 1 1, 1822, 21 v. p. 3. Auditor, Sec. authorized to receive, 
until January 15, taxes due, prior to 1820, without penalty. 

Act of J inuary 27, 182J, 21 v. p. 23. First rate land taxed $1,50 ; second 
$1,12 ; and third 75 cts. per hundred acres. 

Resolution of D.-cember 28, 1822, 21 v. p. 83 [38.] Taxes may be re- 
ceived, Avithout penalty, until January 15, 1823. 

Act of February 24, 1824, 22 v. p. 254. First rate land taxed ^1,25 ; se- 
cond 87 cts. and third 56 cts. per hundred acres. Act of January 27, 1823, 
repealed. 

Act of Februiry 25, 1824 — took effect June 1, 22 v. p. 249. Proprietors 
to list their lands — may pay tax, interest, &;c. before lands are returned for 
klIc. Delinrjuent lands to be charged with interest, on tax, and penalty of 
twenty-five per cent. Guardians, &c. may pay tax and have a lien on 
land. 

Act of February 23, 1824, 22 v. p. 272. Section 26. County auditors to 
sell lands delinquent for tax for two years. To make deeds, which shall be 
prima facie evidence of title. Lands which do not sell, forfeited to the state. 
Section 41. Auditors to make deeds for lands sold under acts of February 
20, 1820 and of Februay 2, 1821 . 

Resolution of January 2, 1824, L. L. 1823 — 4, p. 165. Auditors, &;c. may 
receive tax until February 1 . 

Act of February 7, 1825^ 23 v. p. 23. First rate land taxed $1,50 ; second. 
$1 ,12 ; and third 75 cts. per hundred acres. First section of the act of Fe- 
bruary 24, 1824, repealed. 

Act of February 7, 1825, 23 v. p. 27. Successors of county auditors may 
)nake deeds for lands sold for taxes. 

Act of February 23, IC25, 23 v. p. 58. Lands to be valued. To take ef- 
fect in 1826. 

Act of February 1, 1825— to take effect March 1, 1826, 23 v. p. 80. Au- 
ditors to sell lands, &c. on last Monday of December. To make a deed which 
shall convey a good and vilid title, both in lav/ and equity, and bo received 
as prima facie evidence of title. Land'', &c. not sold, forfeited to the state. 
Part of original act repealed. Saved for the collection of taxes, &;c. Act 
of February 23, 1824, renealed. 

Act of December 27, 1824, L. L. 1824—5, p. 9. Heirs of J. F. Hamtra- 
mick released from penalties. 

Act of December 22, 1824, L. L. 1824—5, p. 26. Auditor of Athens has 
until the first Tuesday of April to sell lands delinquent for taxes. 

Act of January 22, 1825, L L. p. 35 Auditor of Clark has until second 
Tuesday of April to sell lands returned delinquent. 

Resolution of January 4, 1825, L. L. 1824—5, p. 105. Auditors, &c. to 
receive taxes, without penalties, until January 20, 1825. 

County Levtes. Act of February 27, 1816— took efifect April 25, 14 v. 
p. 399. Lots with imnrovements and all other houses over the value of one 
hundrod dollars, liable to taxation. P^eneals the acts of February 19, 1805. 
#f January 27, 1806, of February 11, 1812, aiid of February 4, 1814. 



443 



444 TAX. 

Act of January 29, 1818, 16 v. p. 122. Non-residents neglecting to pay 
tax on lots, one hundred per cent, penalt}' to be charged. Laws contrary 
to this act repealed. 

Act of January 11, 1819, 17 v. p. 28. County commissioners maj^ exempt 
improvements on town lots from taxation. So much of the original act as 
is contrary to this, repealed. 

Act of January 29, 1821, 19 v. p. 81. Collectors to return delinquent un- 
improved Oi' unoccupied lots, which shall be charged with a penalty of 
twenty-five per cent, on each year's tax. Repeals first section of the act 
of January 29, 1818. 

Act of February 23, 1824— took effect June 1, 22 v. p. 277. Lots in 
towns and all houses, over the value of one hundred dollars, subject to taxa- 
tion for county purposes. Section 6. Commissioners may exempt houses, 
&c. from taxation. Tax not to exceed half per cent, on appraised value. 
Kepeals act of February 27, 1816, and all others coming within its purview. 

Act of February 23, 1824 — took efiect June 15, 22 v. p. 283, section 6. 
Collectors may sell lots for taxes — to deposit his proceedings with recorder, 
and make deeds to purchasers. 

Act of February 1, 1825— to take effect March 1, 1826, 23 v. p. 96. Re- 
peals act of February 23, 1824 — directs how town lots shall be sold for tax- 
'es, &c. 



aco^n ^ntu, itecorJrtnu, a?.itca^tinBt etc. 



[Ad of December 6, 1800, 2 sess. 1 G, A. T.;?. 41.] 

An act to provide for the recording of Town Plats, 

Sec. 1. That the original proprietor or proprietors of such Town plats to 
towns as have been heretofore laid out within this territory, be recorded, 
(except such towns as have been actually vacated) shall, 
■within one year from the day on which this act shall take 
effect, cause a true and accurate map or plat of such town 
to be recorded in the recorder's office, of the county where 
the same now lies, and the proprietor or proprietors, or per- 
son or persons, who laid off such town, refusing or neglect- 
ing to cause such map or plat to be recorded as aforesaid, 
shall forfeit and pay the sum of one thousand dollars; and 
shall also forfeit and pay the further sum of twenty dollars, 
for every month, after the expiration of the said year, which 
he, she or they, shall be guilty of such refusal or neglect. 

Sec. 2. That where the proprietor or proprietors, who How plats 
have laid out any town, are dead or removed from the terri- ^^^J ^^ ^^' 
lory, it shall be lawful for any person, whose information proprietor is 
may enable him to do it, to make a plat of such town, and dead or ab-- 
to appear before a justice of the peace, or justice of the^^"*- 
court of common pleas, of the county where such town lies, 
or before a judge of the general court of this territory, and 
make oath, that the same is a true and accurate map or plat 
of such town, or shall otherwise prove the truth and accu- 
racy thereof, to the satisfaction of such judge or justice; 
such map so proved and certified by the judge or justice 
taking such probate under his hand and seal, may be admit- 
ted to record; and after the same is recorded, if the proprie- 
tor or proprietors, his, her or their heirs, executors or ad- 
ministrators, will controvert the truth or accuracy of such . 
recorded map or plat, the onus probandi shall rest on him, 
her or them. 

Sec. 3. That whenever any town shall hereafter be laid Proprietors to 
out within this territory, the proprietor or proprietors of such ^^"^^ '''/I'd^^ 
town, shall cause a map or plat thereof, to be recorded in 
manner aforesaid, before any lot or lots therein be of '^ed 
for sale 5 and if any person or persons, shall sell, or offer for 



44© 



TOWN PLATS, RECORDING, VACATING, 8^C, 



To be ac- 
knowledgetl 
or proved. 



sale, any lot or lots within such town, before the plat thereof 
be recorded as aforesaid, such person or persons, shall forfeit 
and pay the sum of one hundred dollars, for every lot so 
sold. 
Whattheplat ^^^* ^' That such maps or plats as are required by this 
^fiall set forth, law to be recorded, shall particularly set forth and describe, 
all the public ground within such town, by its boundaries, 
courses and extent, and whether it be intended for streets, 
alleys, commons or other public uses, and all the lots intend- 
ed for sale by progressive numbers and their precise length 
and width, and the map so made and acknowledged before a 
justice of the peace, or justice of the common pleas, of the 
proper county, where the town lies, or before a judge of the 
general court, or being made and proved agreeably to the 
provisions contained in the second section of this act, and 
certified under the hand and seal of the judge or justice 
taking such acknowledgment or probate and recorded, shall 
be deemed a sufficient convej^ance to vest the fee of such 
Fee vested to parcels of ground as are therein expressed, named or intend- 
iises. gd iq ]3g [qy public uses, in the county in which such town 

lies, in trust to and for the uses and purposes therein named, 
expressed or intended, and for no other use or purpose what- 
ever. 
Penalty for ^^c. 5. That if any proprietor or proprietors, their agent 
lecording an or attorney, shall cause any map of a town to be recorded 
untrue plat, j^g aforesaid, which does not set forth and describe, in manner 
aforesaid, all and every parcel of ground which has been or 
shall be promised or set apart by the original articles of sale, 
for public uses and other lots, such person or persons, shall 
forfeit and pay double the value of the ground so promised 
and not set forth on the map ; three-fourths parts thereof to 
the use of the county wherein such town hes, for the express 
purpose of purchasing ground within and for the use of such 
town, in lieu of that which was so promised, and the other 
fourth part to the use of the person prosecuting. 
Forfeitures Sec. 6. That the several forfeitures arising under this act, 

bow recover- may be recovered in an action of debt or q^^i tarn, before any 
^'•^* court having cognizance of the same ; and if in any case, 

the body of a proprietor cannot be found, the property of 
such proprietor shall be liable to be attached as for any other 
demand; and where any forfeitures are not by this act other- 
wise appropriated, three-fourth parts thereof shall be applied 
to and for the use of the county in which they accrue, and 
the other fourth part to the use of the person prosecuting 
for the same. 
,. , Sec. 7. That in any action to be brought for any penalty 

awarded. incurred under this act, where judgment shall be given for 
the plaintiff, the court shall also award to him his legal costs 
of suit. 



TOWN PLATS, RECORDING, VACATING, &e* 447 

This act shall commence and be in force, from and after Effect. 
the first day of May next. 



[Ad of March 28. 1G03, 1 r. L. O. p, 22.] 
An act establishing seats of justice. 

Sec. 4. That the commissioners, after having agreed Director to be 
upon the place for the seat of justice, shall make report appointed to 
thereof to the next court of common pleas, to he held in Purchase lots, 
said county, and if it appears tliat no town has been previ- 
ously laid otT at the place agreed on by the commissioners, 
the court shall appoint a director, who, after giving sufficient 
surety for his faithful performance, shall be fully authorized 
to purchase tiic hir.d cf the proprietor or proprietors, for the 
use and behoof of the county, and proceed to lay off said 
land into lots, streets and alloys, under such regulations as 
the court mav prescribe; and the said director is hereby 
further authorized to dispose of the said ]ots^ cither at pubhc 

or private sale, as the court mav think proper, and to make^^^^^^^ ^^^ 

11 ' r ^i ' • r • 1 V- i.1 convej'. 

a legal conveyance oi tlic same va lee simple to the pur- 

ciiaser: Provided always, That the lands thus purchased and 

laid off into lots, shall not exceed seven hundred acres. 



[Ad of February 14, 1805, 3 v. L, O, p. 213.] 
An act to provide for the recording of town plats. 

Sec. 1. That whenever any town shall hereafter be laid Town plats 
out within this state, the proprietor or proprietors of such *° ^^ record- 
town, shall cause a true and accurate map or plat thereof to ^ ' 
be recorded in the recorder's ofhce of the county where the 
same lies, before any lot or lots therein be offered for sale; 
and if any person or persons shall sell or offer for sale, any 
lot or lots w'ithin such town, before the plat thereof he re- 
corded as aforesaid, such person or persons, shall forfeit and 
pay the sum of ten dollars, for every lot so sold. 

Sec 2. That such maps or plats as are required by this Substance of 
act to be recorded, sliall particularly set forth and describe P*^*- 
all the pubic ground within such towr., by its houndaries, 
courses and extent, and wliether it be intended for streets, 
alleys, commons or other public uses, and all the lots intend- 
ed for sale by progressive numbers, and their precise length 
and width; and the map so made and acknowledged, before To be ac- ' 
a justice of the peace or associate judge of the court ofknowledged. 
common pleas, of the proper county where the town lies, or 



448 TOWN PLATS, RECORDING, VACATING, &€'. 

before a judge of the supreme court, and certified under 
the hand and seal of the judge or justice taking such ac- 
knowledgment, and recorded, shall be deemed a sufficient 
conveyance to vest the fee of such parcels of land as are 
Public ground therein expressed, named or intended, to be for public uses 
vested to uses, jjj n^^ county in wiach such town lies, in trust to and for the 
uses and purposes therein named, expressed or intended, and 
for no other use or purpose wliatever. 

Acts repealed. ^^^' ^' '^'^^^^ ^" ^^^' entitled "An act to provide for the 
' recording of town plats," passed the sixth December, eigh- 
teen hundred, be, and the same is hereby, repealed. 

lE^ecU This act shall take effect, and be in force, from and after 

the first day of June next. 



[Ad of February 3, 1807, 5 r. X. O. p, 103.] 

An act authorizing the proprietor of the town of PortsmoKth, in the countj 
of Scioto, to change a part of the in-lots of said town into out-lots. 

in-lots maybe ^^^* ^* That the proprietor of the town of Portsmouth, 

changed to iu the county of Scioto, be, and he is hereby, authorized to 

out-lots. change a part of the ii.-lots of the said town of Portsmouth, 

into out-lots, agreeal'le to a plan which the said proprietor 

has made, for the purpose of changing the lots aforesaid, 

which said plan is signed by the said proprietor, who shall 

have the same recorded in the recorder's office, for the said 

county of Scioto. 

Eifect. This act to take effect, and be in force, from and after the 

passage thereof. 



[Act of February 17, 1808, 6 v, L, O. p. 140.] 

An act authorizing the proprietor of the town of Dayton, in the county of 
Montgomerj , to change the plan of the same. 

Sec. 1. That the proprietor of the town of Dayton, in 
Proprietors of ^^ county of Montgomery, is hereby autliorized to alter, 
Davtonmay ^ , ,, ^ \ r - j , " • i ^i i 

alter plat. amend, or correct the plat oi said town, with the approba- 
tion of a majority of the county commissioners, and the trus- 
tees of the corporation of said town: ProvidecU That no block 
r^toviso. q{ lots shall be vacated, in which any individual shall have 

a claim, without their consent. 

Plat amended Sec. 2. That the plat of the said town, so amended, and 

valid. recorded, shall be as valid as the original : Provided,, The same 

shall be done in twelve months after the passage of this act. 



TOWN PLATS, RECORBING, VACATING, &€.i ^^ 

[Act of February 18, 1808, 6 v. L. O. p, 138.] 

An act concerning tlie plat of the town of Chillicothc. 

Whereas it has been represented to this General Assembly, p , , 
that the original proprietor of t!ie town of ChiUicotne, 
did, on the twenty-ninth day of April, in the year eigh- 
teen hundred and two, cause to be recorded in the re- 
corder's office of the county of Ross, a copy of the plan 
of said town, and it appears that an error was commit- 
ted in namhering sixteen of the in-lots, to wit: Nos. 1 18, 
119, 120, 121, 122. 123, 124, and 125, are recorded on 
the west side of Wahiut street, and Nos. 134, 135, 136^ 
137, 138, 139, 140, and 141, are recorded on the east 
side of said Walnut street, which said numbers ought to 
be changed, to be agreeable to the original plat, there- 
fore to remedy the defect; 

Sec. 1 . That the trustees of the town of Chillicothe, or a ma- Trustees of 
jority of them, be, and they hereby are authorized to have cor- Chillicothe 
rected, on the records of Ross county, the error stated in the '"^-^ alter r«". 
preamble to this act, on the original proprietor of tne said*^" 
town of Chillicothe, producing to the said trustees the origi- 
nal plat of the said tow^n , with such other evidence as may be 
necessary to prove the error aforesaid ; and tiie recorder of 
Ross county is hereby authorized and directed to make such 
alteration in the recorded plan of said town of Ciiiliicothe as 
the said trustees may direct. 



[Act of January 3, 1809, 7 v. L. O. p, 68.] 

An act authorizing the proprietors of the town of Boardman, in the county 
of Trumbull, to alter or vacate the same. 

Sec. 1. That the proprietors of the town of Boardman, in Proprietors of 
the county of Trumbull, are authorized to alter, amend, cor- Boardman 
rect or vacate all, or part of the plat of said town; Provided^^^^J^f^^^^^^ 
It will be by and with the consent of all persons owning any 
part thereof: Provided also^ That their proceedings thereon 
be acknowledged before a proper officer, and recorded in the ^''^^^i^o. 
recorder's office of the county of Trumbull, within one year 
year from the passage of this law. 

This act shall take effect, and be in force, from and after Effect, 
the passage thereof. 



al 



450 



TOWN PLATS, RECORDING, VACATING, &«, 



Pfirt of town 
plat may be 
altered. 

Proviso. 



Effect. 



[Ad of January 25, 1810, 8 v, L, 0. p. 68.] 

An act authorizing the proprietors of the town of Stainiton, in the countj 
of Miaiiii, to alter or vacate part of said town. 

Sec. 1. That the proprietors of the town of Staunton, in 
the county of Miami, are nuthorlzed to alter or vacate all 
that part of the plat of said town, south of Mulberry street: 
Provided^ It be by and with the consent of all persons owning 
any lot ia said town: Provided also ^ That their proceedings 
thereon he acknowledged before either a justice of the peace 
or one of the associate judges of the county of Miami, and 
recorded in the recorders office of the said count}^, within 
one year after the passage of this law. 

This act shall take effect, and be in force, from and after 
the passage thereof. 



Trustees of 

West Union 
are authorized 
to sell lots. 



Proviso. 



Credit may be 
allowed. 



Proviso. 



To make 

deeds. 



[Ad of January 22, 181 1, 9 r. Z. O. p. 28.] 

An act authorizing the trustees of the town of West Union, to sell and 
convey certain public lots in said town, and for other purposes. 

Sec 1. That David Bradford, Joseph Darlington, Benja- 
min Wood, Joseph Curry, John Wood, and their associates, 
trustees of the town of West Union, in the county of Adams,; 
or a majority of them, be, and they are hereby, authorized 
and directed to sell to the higliest bidder, on a day to be by 
them appointed, the following lots, designated and known in 
the plan of said town by numbers seventy-seven, seventy- 
eight, and that part of number tixty-three, which is included 
in the following boundaries, to wit: begi;T)ing at the north- 
east corner of said lot; running, thence south, four poles and 
one-fourth of a pole; thence west three poles; thence north 
four poles and one-fourth of a pole; thence east to the be- 
ginning: Provided^ The said trustees shall give twenty days 
notice of such intended sale, by advertisement in five of the 
most public places in said county, and also in one of the 
newspapers published in Chillicothe. 

Sec 2. That the trustees aforesaid shall give to the pur- 
chaser or purchasers of said lots a credit of not less than six 
nor niore than twelve months: Provided^ Bonds be given, 
payable to the treasurer of said county, with such security 
as may be deemed sufficient by said trustees. 

Sec 3. That the said trustees, on the day of sale or as 
soon thereafter as may be convenient, shall give to the pur- 
chaser or purchasers a certificate of the sale of said lots, 
with a pertinent designation thereof, and sliail also make 
and execute to the said purchaser or purchasers, their heirs 
or assigns, such deeds of conveyance as they have heretofore 



TOWN FLATS, REC0IID1!JC, VACATING, feC. 451 

made to purchasers of lots in said town, upon production of 
the certificate aforesaid, and the treasurer's receipt for the 
purchase rnonej. 



Act of January 29, 1 SI 1, 9 r. L, O. p. 11, 

An act authorizing the proprietor of Elizabethtown, in the couEt}' of Fair- 
field, to alter or vacate the same. 

Sec. 1. That the proprietor of Ehzahethtown, in the Proprietors 
county of Fairfield, is authorized to alter or vacate the plat ^jay alter, ^;:c. 
of said town: Provided^ It be by and with the consent of alP ^ ' 
persons owning any part thereof: • Provided also, That the proviso, 
proceeding thereon b'3 acknowledged before either a justice 
of the peace or associate judge of the county of Fairfield, 
and recorded in the recorders office of said county, vfithin 
one year from and after the passage of this act. 

This act to take effect, and be in force, from and after the Effect, 
passage thereof. 



[Ad of January 29, 1 81 1, 9 z\ L, O. p, 75.] 

An act authorizing Daniel Sheeby, and Jane, his wife, in conjimction with 
other persons therein named, to convey in fee simple certain lands, 

Sec. 1 . That a commission to be composed of James Da- Commission- 
vidson and Richard Holland, be, and they are hereby au-ers appointed, 
thorized, by and with the consent a^.d co-operation of Daniel 
Sheeby, and Jane, his wife, all of Trumbull county, to sell 
and convey in fee simple, not exceeding sixty acres of land, Powers, 
off of such part of the farm or tract of land now occupied 
by the said Daniel, situate in the township of Youngstown, 
in the county of Trumbull, as the said commission, and 
Daniel and Jane, his wife, shall think best, having due 
regard to the present and future interests of the issue of the 
said Daniel and Jane, his wife. 

Sec 2. That the avails of the sale, made under the first Proceeds how 
section of this act, shall be laid out and expended on the appropriated, 
residue of the farm aforesaid, in clearing and improving the 
same, under the direction of the said commission and the said 
Daniel. 

Sec. 3. That no sale or conveyance which may be made Sale not to a£- 
under the authority of this act, shall impair or invahdate any feet other's 
legal lien which any person shall have on the same, other °^^* 
than the issue of the said Daniel and Jane. . . 

Sec. 4. Thot the commission aforesaid, be, and they ^1*6^^!^^^^^^^^^^^ 
hereby, constituted and appointed guardians to the issue of dians. 



45^' TOWN l^LATS, RECORDING, VACATING, &e*. 

the said Daniel and Jane, so far forth as their interest shall 
be embraced in this act, and no further. Should either of 
the commission die, refuse or neglect to act under the provi- 

Survivors to sions of this act, the surviving or remaining member thereof^ 
shall have all the powers of the joint com>mission. 

Sffect, 'T"'^^ ^ct shall be in force, from and after the passage 

thereof. 



[Act of Januai-y 30, 181 1, 9 r. L. O, p, 85.] 

An act vaco ting part of the town of Tuscaravras and changing the name 

thereof. 

Pforsrietors of ^^^* ^' That the proprietors of the town of Tuscarawas^ 
Tuscarawas in the countv of Cosbccton. are aii>l crized and empowered 
2r.ay vacate to vacate the three lower or south tie ; t of squares in said town^, 
part of plat, extendirg from the east boundarv of said tiers of squares, to the 
river Muskingum, and also the cut-lots lying v\ est ol the Mus- 
kingum riv^^r and Vfhitevrrman's creek, and north of the Tus- 
carawas branch: Provided^ That it si all be by and with the 
consent of all persons owning any part of the said town in- 
tended to le vacated: Provided also^ That their proceedings 
thereon be acknowledged before a proper clficer, and record- 
ed in the recorder's office, in the county of Coshocton, withim 
one year from the passage of this act. 
Part to be ^^^* '^' Tnat th? south square, laid out for public uses, 

sold, in said town, shall be divided into lots by the commission- 

ers of the county of Coshocton, in such manner as they may 
think best, which lots shall be sold at public vendue, under 
the direction of said commissioners, and the proceeds of sucfe 
sales shall be by them applied toward the expenses of erecting 
public buildings in said county, and said commissioners are 
authorized to m.ake deeds for all lots sc sold. 
^Q^c. ^^^* ^' Th^at the aforesaid town of Tuscarawas shall here- 

after be known and designated by the name of Coshocton. 
g-ect This act to be in force from and after the passage thereof,. 



[Actof December 21, 1811, 10 r. L. O. p. 10.] 

An act providing for the vacating of town plats, and for other purposes. 

eotirtmarra- ^^^' ^* 'That the courts of common pleas are hereby au- 
cate town thorized and empowered, on application m.ade by the proprie- 
plats. tor or proprietors of any town, within their proper county, 

to alter or vacate the same, or any part thereof. 
Notice tob« ^^'^' ^' Tiiat if any proprietor or proprietors of a town, 
jiveB. shall be desirous of altering or vacating the same, or any 



TOWN PLATS, RECORDINff, VACATING, &^. 453 

part thereof, such proprietor or proprietors, shall give notice, 
in writing, of such intended application, in at least two 
places in the county, wherein sucn town, may be situated, 
one to be set up in the most public place in said town, and 
one on the court-house door, of said county, and insert a 
copy of the same in a newspaper, printed or in circulation 
in said county, at least sixty days prior to the sitting of the 
court, to which he, she or they intend to make such appli- 
cation. 

Sec. 3. That if such applicant or applicants shall produce Proceedingg 
to said court satisfactory evidence, that the notice, required oi^ ^aotice. 
by the preceding section of this act, has been given, and that 
all persons owning any lot or part thereof in said town have 
agreed that the whole or a part thereof, shall be altered orva 
eated, the court shall proceed to alter or vacate said town, or 
any part thereof, and order their proceedings therem to be re- 
corded by their clerk, with the records of said court: Prouzc/- pro vis». 
frZ, That the vacating of any town plat, or any part of a town 
plat, shall not vacate any part of a state or county road. 

Sec. 4. That the clerk of the said court shall give to the Clerk's duty, 
applicant a certitied copy of such record, for which he shall 
be entitled to receive the sum of fifty cents, and it shall be 
the duty of such applicant to have such certificate recorded 
by the recorder of the county within three months there^ 
after. 



[Ad of Decemher 23, 1811, 10 v. L. O, p. 12.] 

^n act authorizing trustees to sell and convey certain public lots, in tke 
town of Eaton, in Preble county, and for other purposes. 

Sec. 1. That Alexander Mitchell, William L. Henderson, Trustees apj?. 
and Samuel Haw^kins, be, and they are hereby, appointed P^^"^^^^* 
trustees for the purposes herein after provided. 

Sec 2. That it shall be lawful for the said trustees to sell What lots t« 
to the highest bidder, on a day to be by them appointed, two*^® ^°^^* 
lots, lying in the public square, in the town of Eaton, desig- 
nated in the plat by C and D, and destined for the use of 
churches; also, one lot in said square, designated by B, and 
destined for the use of a school; each lot containing one 
hundred and forty-four square poles: Provided^ That the 
laid trustees shall give notice of the time of such sale, by- 
advertisement in some newspaper, and in three of the most 
public places in said county of Preble, at least twenty days 
before the day of sale. 

Sec. 3. That the said trustees shall give a credit of not ;;vhat «redt^ 
less than six months, nor more than three years, to the pur-tobe giv0H> 
•baser or purchasers, of said lots, upon his or their giving 
lloud er bonds, with sufi^cient security, resident m sai4^ 



454 



TOWN PLATS, RECOHDINC, VACATING, fcc. 



Deeds to be 
executed. 



county, to the said trustees and their successors; ar.d the 
trustees shall make and execute deeds of conveyance to the 
purchaser or purchasers, at such time and in such manner as 
they shall deem right, which shall he made known at the day 
pf sale. 



Proceeds of 
sale, how ap- 
plied. 



Sec. 4. That the said trustees shall apply the money 
arising from the sale of the lots designated for the use of 
churches, to the purchase of two other lots of the same size, 
in such part of said town as they may deem best, for a simi- 
lar pu.rpose ; and the balance of the money (if any) towards 
buifding a church or meeting-house, or to the purchase of 
real property for the purpose of raising a fund to erect a 
meeting-house thereon, according to the original design of 
the donor; or it shall be lawful for them to lean the balance 
of the money to the county for the purpose of building a 
court-house, which shall be a public meeting-house, until the 
money shall be refunded; and they shall apply the money, 
arising from the lot designated for a school-house, towards 
purchasing another suitable lot of the size of one acre ; and 
the balance (if any) towards building a school-house thereon, 
for the use of the inhabitants of the said town of Eaton. 



Trustees 
bond,&c. 



How other 
trustees ap- 
pointed. 



Sec. 5. That the said trustees, before they enter upon the 
duties of them required of by this act, shall enter into bond, 
with sufficient security, to the commissioners of their county, 
conditio! ed for the faithful discharge of such duties; on 
which bond suit may be instituted by any person wiio may 
be ifijured, ar^d shall not be void on the first recovery; and 
the commissicners shall, from time to time, make a reasona- 
ble allowance to the trustees for their services, to be paid 
out of the money arising from the sale of said lots. 

Sec. 6. That in case any of the trustees appointed by the 
first section of this act, sliall fail or refuse to act, or their of- 
fice become vacant, the remaining trustee or trustees shall 
call a meeting cf the inhabitants and owners of lots i-n said 
town, by advertisement, to be set up in at least two of the 
most public places in said town, giving notice of the time and 
place of such meeting, at least ten days prior thereto, for the 
purpose of electing a person or persons to fill such vacancy; 
and every white male person, above the age of twenty-one 
years, owning a lot or part thereof in said town, or having re- 
sided therein twelve months next preceding such election, 
shall have a right to vote; and the person or persons, so 
elected, shall, m all repccts, be governed by this act, as is 
provided respecting those named in the first section thereof. 



TOWN PLATS, RECORDING, VACATING, &€• 455 

[Ad of February 10, 1814, 12 i;. L. O. p. 151.] 

An act for the relief of John Kniscly. 

Whereas it has been represented to this General Assembly, Preamble, 
that in the laying out and establishment of the town of 
New Philadelphia, in the county of Tuscarawas, the 
town lot, numbered on the plan of said tov^n, two hun- 
dred and three, was given and appropriated by said John 
K:iisely for the erection of public offices, and that sub- 
sequently, town lot numbered on said plan two hundred, 
was, by said John, agreed to be conveyed to the county 
commissioners of said county in lieu of, and in exchange 
for, said lot number two hundred and three, on which to 
erect public buildings: And whereas^ doubts have been 
entertained whether the said county commissioners be 
authorized to complete said agreement of exchange, so 
as to re-convey to said John, the legal title to said lot, 
numbered two hundred and three: Therefore, 
Sec. 1. That is [it] shall be competent for the county Commission- 
Gommlssioaers of the said county of Tuscarawas, for the ers of Tusca- 
time being, to convey to said John Knisely, his heirs or as-^^^^^j*^^^*^®'^ 
sigas, any title, right or claim which the said county com- 
missioners [of] said county of Tuscarawas or the public may 
have, legal or equitable, in or to said town lot, number two 
hundred and three, in pursuance of said agreement if any 
such there be, according to the true intent and meaning of 
the same. 



[Act of January 31, 1815, 13 v, L. 0. p, 114.] 

An act to vacate part of the city plat of CIcav eland in the county of Cuyahoga. 

Sec. 1. That all that part of the city plat and out-lots of p^^t of 
the city of Cleaveland, so called, as originally laid out by Cleaveland 
the Connecticut Land Company, which is not included with- ^^^^t^<^- 
in the limics of the corporation of the village of Cleaveland, 
as specified in the "Act to incorporate the village of Cleave- 
land i'l the countv of Cuyahoga," passed the twentv-third 
day of December, eighteen hundred and fourteen, be, and 
the same is hereby, declared to be vacated; and sliall not be 
subject hereafter to taxation, as town and out-!ots, for county 
purposes: Provided^ Nothing in this act shall be so construed. Provide, 
as to confirm or invalidate any existing legal rights of the 
said Connecticut Land Company, in and to the said plat or 
out-lots; or to confirm or invalidate any legal right hereto- 
fore acquired to any of the said out-lots by any person or 
persons, whatever; but all such rights shall exist, be adjudi- 
cated and decided upon, as if this act had never been passed. 



45S TOWN PLATS, RECORBINft, VAGATING, &C, 

NoT£:.~Act of January 10, ISloj 14 v. p. 188. Trustees of West Union 
may sell lots. 

Act of February 7, 1816, 14 v. p. 188. Commissioners of Highland may- 
lay olf a street in Hillsborough. 

Act of February 21, 1816, 14 v. p. 267. Part of Athens vacated and a 
new street directed to be laid off. 

Act of January 15, 1819, 17 v. p. 29. Acts of the director of Xehia legal- 
ized and a^uthority given to fdi vacancies. 

Act of February 1, 1819, 17 v. p. 95. Duties of the director of Jacksoa 
defined. 

Act of February 8, 1819, 17. v. p. 203. Proprietors of Mansfield may ex- 
thange donations, &c. 

Act of January 11, 1820 — took effect June 1, 18 v. p. 10. An act estab- 
lishiu.?. seats of justice. Repeals act of March 28, 1 803, and part of the act 
©f Jar,v.,.:v 15,' J 819. 

Act '.i :^^-bruary 18, 1820, L. L. 1819—20, p. 64. Town plat of Chillico- 
the, alio ve' to be corrected on the records. 

Act of Dec-'iuber 18, 1820, 1 9 v. p. 8. Trustees of West Union may con- 
yey a stmet to John Wood, and receive a deed from S. Sparks. 

Act of December 26, 1820, 19 v. p. 13. Commissioners of Morgan county, 
authorized to sell and conyey lots in M'Connelsville. 

Act ..f January 1, 1822, L. L 1821—2 p. 12, W. Middleton and T. 
Morris, ao!)ointed trustees for Georgetown . 

Act of January 25, 1823, L. L. 1822—3, p. 32. C. C. Pleas, may alter 
Jplat of J^ickson. 

Act of February 2, 1824, L. L. 1823—4, p. 84. Special authority 
given tr record the plat of Springfield. 

Act of Jauuary 3, 1825, L. L. 1824—5, p. 30. Commissioners of Cler^ 
mont, mav sell in-lot, &c. 

Act of January 7, 1825, L. L. 1824—5, p. 32. Commissioners ofDeW* 
^are may sell Io*p. 



mim, etc *t 



{Adopted from Pennrylvcmia — published June 19 — aiid took 
eject October 1, 1795, MaxzuelPs cd, p, 148] 

A law conccraiiig the probate of wills written or nuncupative. 

Sec. 1. All wills ia writing, wherein or whereby any 
landsj tenements or hereditaments have been, are or shall be 
divided (being proved by two or more credible witnesses, Wills good to 
upon their solemn oath, or affirmation, or by other legal ^^^^'^y ^^"^^' 
proof in this territory; or being proved before such as have, 
or shall have power in any of the United States, or else- 
where, to take probates of wilfs, and grant letters of admi- 
nistration, and a. copy of such will with the probate thereof 
annexed or endorsed, being transmitted hither, under the 
public or common seal of the courts, or offices, where the 
same have been or shall be taken or granted, and recorded 
or entered in the judge of probate's office, in this territory) 
shall be good and available, in law, for the granting, convey- 
ing and assuring of the lands or hereditaments thereby given 
or devised, as well as of the goods and chattels thereby be- 
queathed; and the copies of all wills and probates, under the 
public seals of the courts, or offices, where the same have 
been or shall be taken or granted, respectively, other than co- 
pies or probates of such wills as shall appear to be annulled, 
disproved or revoked, shall be judged and deemed, and are 
hereby declared to be matter of record ; and shall be good ev- 
idence, to prove the gift or devise thereby made. And all such 
probates, as well as all letters of administration, granted out 
of this territory, being produced here, under the seals of );he 
courts or offices, granting the same, shall be" as sufficient to 
enable tlie executors or administrators, by themselves or at- 
tornies, to bring their actions in any court within this territo- 
ry, as if tlie same probates, or letters testamentary, or admi- 
nistrations were granted here, and produced under the seal of 
of the judge of probate's office, in any county of this territory. 

Sec. 2. Provided always^ That if any of the wills whereof co- 
pies, or probates, sliall he so, as aforesaid, produced and given 
in evideace,shall, within seven years after the testators death. Proviso; ir 
appear to be disproved or annulled, before any judge or^^^^Kl^j*^'!® 

&• u • i-i r 1, 11 i L annulled, oi 

omcer, having conusance thereof; or shall appear to be re- revoked may 

yoked or altered, by the testator, either by a latter will, or have action or 

codicil in writing, duly proved as aforesaid; then, and in ^"f o"ta wFit 

every such case, it shall and may be lawful for the party ag- ° ^^^^^' 

3 K 



458- WILLS, &:c. 

grieved, or his or their heirs, executors or assigns, to have 
their action for what shall be taken or detained from them 
by occasion of such wills, or have their writ or writs of error 
for reversing the judicial proceedings thereupon (as the case 
shall require) any thing, herein contained, to the contrary 
notwithstanding. 

§Ec. 3. And from henceforth no nuncupative will shall be 
good, where the estate, thereby bequeathed, shall exceed 
No nuncupa- ^^^^ value of eighty dollars, that is not proved by two or more 
tive will 2:ood witnesses, who w^ere present at the making thereof; nor un- 
when estate less it be proved that the testator, at the time of pronouncing 
exceeds $80, ^j^^ same, did bid the persons present, or some of thenn, bear 
witness that such was his will or to that eilect; nor unless 
such nuncupative will be made in the time of the last sick- 
ness of the deceased, and in the house of his or their habita- 
. tion or dwelling; or where he or they hath or have been resi- 
dent for the space of ten days, or more, next before the 
making of such will, except where such person was surprised 
or taken sick, being from his- own house, and died before he 
returned to the place of his or her dweihng. 

Sec. 4. When six months have passed, after speaking of 
the pretended testamentary words, no testimony shall be re- 
Proof of vcr- ceived to prove any will nuncupative, except the s^id testi- 
bal wills. mony, or the substance thereof, was committed to writing, 
within six days after the making of the said will. 

Sec. 5. No letters testamentary or probate of any nuncu- 
pative will, shall pass the seal of the judge of probate's office, 
p . in the respective coui.ties, till fourteen days, at. least, after 

wills when to ^^^ death of the testator be fully expired; nor shall any nun- 
be made, cupative will be, at any time, received to be proved unless 
process have first issued out, to call in the widow or next of 
kindred to the deceased; to the end, they may contest the 
same if they please. 

Sec. 6. Notwithstanding this law, any mariner or person 
being at sea, or soldier being in actual military service, may 
. dispose of his moveables, wages and personal estate, as he 

nia"disoosc'of ^^S^^ have done before the making hereof, 
his moveables. 



[Act of January 5, 1805, 3 r. L, 0. p. 173.] 

An act directing the manner of executing, proving and recording wills and 

codicils. 

Sec 1. That wills and codicils, in writine:, within this 

state, by which any lands, tenements, hereditaments, goods 

Wills" must be or chattels arc devised, shall be signed by the testator and 

signed and witnessed in the presence of the testator, by two or more 

v/itncssed. credible witnesses, two of whom declaring, on oath or affir^ 



WILLS. &C. • •^•''9 

mat! on, before .the court of common pleas of the county, that 
they were prescn' and saw the testator sign said will or co- 
dicil, in presence of the other witness or witnesses, if any 
there were,.and that they believed the testator to ne of sound 
mind, memory and judgment, at the time of signing the same, 
shall bs legal proof the execution of said will or codicil: Pro- 
vided^ No proof of fraud, compulsion or improper conduct be 
exhibited, which, in the opinion of the court, j=liali be suffi- Proviso, 
cient to invalidate or destroy said will or codicil, and every 
will or codicil, thus proven to the satisfaction of the court, 
shall be recorded by the clerk of the said court, in a book by 
liim provided for that purpose, and shall be good and availa- 
ble in law, for the grantirig, conveying and assuring of the 
lands, tenementsj hereditaments, goods or chattels, thereby 
given or bequeathed. 

Sec. 2. That all wills and codicils (other than such as ave 
annulled or revoked) legally executed and proven out of this 
v^tate, whether in the United States or elsewhere, being trans- ^^^^^ execute 
terred here and accompanied with a certificate from the pi'o-statl:"Lustbe 
per officer or officers, that said will or codicil, was executed certified. 
and proved, agreeably to the laws and usages in that state 
or country, in which tlie same was executed and proved, and 
duly authenticated, shall be recorded as aforesaid, and be 
good and available in law, in like manner as wills in this 
stale arc declared to be: Provided^ Th?it if it be proven, 
within five years after the recording such will or codicil, that 
it w^as revoked or altered by the testator, it shalf and may P^^"^'^^' 
he lawful for the party aggrieved, his, her or their heirs, 
executors or agents, to have their action for what shall bo 
taken or retained from them, by occasion of such will or 
codicil, or to have their writ or- writs of error, for reversing 
the judicial proceedings thereupon, as the case may require. 

Sec. 6. That a law concerning the probate of wills writ- 
ten and nuncupative, published at Cincinnati, June nineteen, 
one thousand seven hundred and ninety-nine, and all other I -^ws repeal- 
laws and parts of laws on the subject of proving and record-*^ * 
ing wills and codicils, are hereby, repealed. 

This act shall take effect and be in force, from and after Effect, 
the first dav of June next. 



[Act of Februanj 18, 1808, 6 v. L. O. p. 64.] 

An act for the provino: and recordina; -wills and codicils, defining the dutlos 
of executors and administrators, the appointment of guardians, and the 
distribution ofinsoivent estates. 

Sec. 1. That every male person aged twenty-one years or^r^ 
upwards, and every female person aged eighteen years and make wfiK 
upwards, being of sound mind, shall have power, at his or 



460 • WILLS, &c. 

her will and pleasure, hj last will and testament, in writing, 
to devise all the estates, right, title and interest in posses- 
sion, reversion or remainder which he or she hath, or at the 
time of his or her death shall have of, in or to lands, tene- 
ments, hereditaments, annuities or rents charged upon cr 
issuing out of them; also, all goods and chattels of any and 
every denomination w hatsoever, so as such las-t w^U and 
testament be signed by the testator, or some person for him 
or her, in his or her presence, and by his or. her direction, ' 
and, at the same time, be attested by two or m^ore creditable 
disinterested witnesses, subscribing their names in his or her 
presence. 
Widow'sdow- Sec. 2. That there shall be saved to the widows of testa- 
cr saved. tors, their dower in such lands, tenements, hereditaments, 
rents or annuities, which shall not be prejudiced by any 
devise thereof. 
Revocation of Sec. 3. That any last wall or devise so made, or any 
wills. clause thereof, shall be revocable by the testators destroying, 

cancelling, or obliterating the same, or causing it to be done 
in his or her presenee, or by a subsequent will, codicil, or 
instrument of writing made as aforesaid, or where the tes- 
tator had no child at the time of executing such last will or 
codicil, and shall afterwards have a child or children, in either 
case such last witl or codicil, shall be void and of none effect, 
~ and the estate of the decedent, shall descend according to 
the act regulating the course of descents and distribution of 
intestate estates. 
Children bom Sec. 4. That wdiere a testator or testatrix, at the time of 
after execu- executing his or her last will or codicil as aforesaid, has a 
lion of will, or child or children absent, and who is or are reputed to be 
dead^ have ^ dead, or where a testator or testatrix, at the time of execut- 
provided for. ing his or her last will or codicil, as aforesaid, shall have a 
child or children born, and shall afterwards have a child or 
children, who is or are not provided for in such last will or 
codicil, in either case, the child or children, who was or 
were absent, and reported to have been dead at the time of 
executing such last will cr codicil, and the child or children, 
born after executing such last will or codicil, shall succeed 
to the same portion or share of the testator or testatrix's 
estate, as he or she would have been entitled to if such tes- 
tator or testatrix, had died intestate; towards raising which 
portion the devisees and legatees, shall contribute propor- 
tionally out of the parts devised or bequeathed to them by 
Proviso. such last will or codicil: Provided, That arj such child or 

children, who has or have received any share or proportion 
of the testator or testatrix's estate by way of advancement, 
shall bring the same into hotchpot before he or she shall be 
entitled to any proportion of such estate as in this section is 
ProYiso. herein before provided: Provided also, That nothing con- 

tained in this act shall be so construed as to preclude any 



WILLSy fee. 46*1 

devisor from disinheriting any child by expressing such his 
intention in his last will or codicil. 

Sec. 5. That no verbal will shall be valid, in law, unless Noncupatire 
it be made in the last sickness of the deceased and be proved wills, 
by two creditable, disinterested witnesses that the testator 
was of sound mind and memory, and that he did, at the same 
time, call on some pej-son present to take notice or bear tes- 
timony that such was his will,. or words to the like import. 

Sec. 6. That after six months have elapsed from the time Verbal wills 
of speaking the pretended testamentary w^ords, no testimony "^^t to-^^^ prov 
shall be received to prove a verbal will unless the will or the ^jj^^^b? ttc. 
substance thereof be committed to writing within six days 
after riiaking the will, and subscribed by the witnesses proving 
the same, nor shall such will be proven within twenty days 
after the death of the testator, nor until the widow and near- 
est of kin, if any may be found within the county, have had 
notice, to contest the same if they please. 

Sec 9. That if any person interested shall, within two Plow wills 
years afterwards, appear, and by his or her bill in chancery may be con- 
contest the validity of the will, an issue shall be made up^^^*^^" 
whether the writing produced be the wdil of the testator. or 
not, which shall be tried by a jury whose verdict shall be final 
between the parties, saving to the court the powder of granting 
a new trial for good cause, as in other trials; but if no person 
appear in that time, the probate shall be forever binding, sav- 
ing also to infants, married women and persons absent from 
the state or of insane mind, or in captivity, the like period 
after the removing of their respective disabilities. 

Sec. 12. That authenticated copies of wills or codicils, Copies of wills 
proved according to the laws of any state or territory, of the ^^^"^ *^^^^^, 
United States, or of counties within the limits of the same, and herc^ ^ ^^ 
relative to any estate within this state,- may be offered for pro- 
bate in the court aforesaid, in the county wdiere such estate 
shall so lie; the court aforesaid may admit to record any such 
authenticated copies^ and such copies so admitted to record, 
shall be good and valid inlaw in hke manner as wills made 
in this state are declared to be, but such will or codicil shall 
be liable to be contested and controverted in the same manner 
as tiie original might have been. 

Sec. 21. That appeals maybe had from any decision of Appeals al- 
the court of common pleas, to the supreme court, when ^i^J oT^ on"y ^^* 
will has been contested or any other matter thereunto relat- 
ing, where the sum or matter in controversy exceeds one hun- 
dred dollars in value ; and the supreme court, shall proceed 
in all respects on said appeal, as in other cases of appeals. 

Sec. 22. That where it shall appear to. the executors ofCourtmay diV 
any last will and testament, that the personal estate of their rect real estate 
testator, is not sufficient to pay and satisfy the demands ^^^^^ 
against said estate, tliey shall make known the same to the 
Court of common pleasj in convenient tini^e,^ who upon satis- 



462 WILLS, kfc 

factory proof thereof, shall grant to the executor power i6 
proceed and settle up said estate, bj selling any or all the .. 
real estate of their testator, in the same manner, and under 
the restrictrons, as is herein after pointed out in the case of 
intestate estates. • ' 

Administra- Sec. 31. That if, on return made to the court, it shall 
tors may sell appear to their satisfaction, that, after -deducting the widow's 
rea estate, thirds, her wearing apparel, one bed and bedding, the ex- 
penses of the last sickness, funeral- charges, and the costs of 
adniinistration, there is not personal property sutncient to 
pay all the demands against said estate, they shall, after set-. 
ting to the v/idow her thirds, direct the administrator to sell, 
under the restrictions herein after prescribed, so much'cf the . 
real estate of the deceased as shall be sufficient to discharge 
all such dcm.ands after the money arising en the sales of the 
personal property having been applied therefor; and it, on 
said returns, it shall appear to the court, that after setting oil* 
to the Vv idow her dcwer and wearing apparel, and deducting 
the expenses of the last sickness, funeral tharges, the costs of 
administration, that said estate is insolvent, it shall be the 
duty of said court, after setting off to the widow her third 
part of all the real property, to direct the remainder thereof to 
be.sold, and to m<ake out an accurate estimate of what the pro- 
perty so remaining will pay on the dollar, upon the whole of 
the demands against said estate, which it shall be the duty 
of the administrator, immediately, to pay agreable thereto, 
to the several claimants thereof against said estate; and no 
costs shall be recovered on any suit commenced against any 
administrator v/ithin one year from the date of such letters 
testamentary, but that all costs accruing on such, suit ^liall 
be paid by tlse person commsencing the same. 
Apijraisers to ^Ec. 32. That when it shall be made to appear to the 
be appointed, satisfaction of the court, that it is necessary to sell real pro- 
perty for the discharge of debts as specified in the preceding 
section, that they shall appoint three disinterested men to 
view the lands, tenements or hereditaments, so to be sold, 
and return to the court, under oath, a statement of the value 
thereof; after which the court shall direct the executor or 
Notice of sale executors, administrator or administrators, to proceed to sell 
to be given, either the whole dr a part (as they may think proper) of such 
real estate after giving notice of the time and place of sale, 
by advertidng the samiC m at least five public places i? the 
county, and in some newspaper of the most general circula- 
tion within the county at least six weeks successively, and 
such lands, tenements or hereditaments, shall be sold, to 
May be sold the best advantage, either for cash or a limited credit, 
on credit. |.|^p purchaser securing the payment of the instalments 
as they become due; but no credit shall in this case extend 
Proviso. beyond the period of three years: Provided^ That any such 

tract of land with improvements thereon, do not sell for less 



•WILLS, &LC. 46S 

than two-thirds, and any tract without improvements not less 
than one-half of its appraised vahie, and the executor or 
executors, administrator or administrators, after making sale 
as aforesaid, and discharging all debts and demands against 
said estate, shall pay over the balance (if any) into the hands 
of the heirs or 2;uardians. Executor, <fec; 

Seg. 33. That the court mav require (if they deem it ne-*°^'^*:^"'^^ ^ . 
cessary) of any executor or administrator, to whom they grant chasei-. 
the privilege of selling real property, what security they may 
think proper to secure to tne creditors or heirs the money 
arising from such sale, respect being had to the value there- 
of, and the executor or executors, administrator or adminis- ;=- 
trators, shall, by deed, duly executed, convey to the person 
purchasing the property so €old, which deed shall vest the 
title in the purchaser as completely as though it had been 
conveyed by the deceased in his life time. Administrator 

Sec. 36. Tiiat whenever any person living ui any other of another 
state or territory, shall die, having property in this state, and state may sell 
the admmistrator appointed in such state or territory, shall ^""^"^ ^^^' 
produce to the court of common pleas, in the county where 
such p^opcrfy lies, a regularly executed and authenticated 
certificate of such appointment, from the judge or court by 
whom .sucii. letters testeimcntary were granted, and that it is 
necessary for the. payment of the debts of the deceased, that . 
all or part of .such property should be sold, the court shall 
grant to such administrator liberty to sell the wliole or part of 
sucli property as they shall see tit and direct the mode thereof. 

Sec. 37. That if any person shall die intestate, possessed „ • 
of lands, tenements or hereditaments, situate within this ^avc partition 
state, leaving heirs, some of whom are minors and others 
of full age, and one or more of said heirs who are above the 
age of twenty-one years, shall prove to the satisfaction of the 
court, that he or they are lawful heirs of the intestate, and 
that the said intestate did not leave any last will or testament 
in wiich he or she hath devised such land, tenements or 
hereditanients, or any part thereof, and such heirs of full 
age as aforesaid, shall petition the said court of common 
pleas, within that county, in which said premises are situated, 
praying for his, her or their equal proportion of such estate 
to be set off and assigned to him, her or them, such court, 
shall if they are well satisfied in the proof aforesaid, and are 
of opinion, that the petition is reasonable, shall appoint three Three com- 
disinterested and judicious men of the county, who after missioners to 
taking an oath or affirmation fiithfully and impartially to^® appointed, 
discharge the trust reposed in them., shall take a surveyor 
to their assistance and proceed to view and make partition 
of such real estate, if in their opinion it will conveniently 
divide without injuring or impairing the value thereof, by 
asy.gning and setting off to the widow (if any there be) one- widow to be 
third part of such premises, and to each heir one equal part endowed. 



464 



WILLS, &:c. 



If lands will 
iiat divide, 
they may be 
sold. 



Jvotice to be 
jiven. 



Proiiso. 



Widow may 
jaherit. 



Lands may 
escheat. 



Acts repealed 



of the remainder of such real estate, taking into view the 
value thereof, as well that assigned to the widow, as that 
to the heirs, and set off and assign to each heir, quantity 
according to value thereof. 

Sec. 38.' That v»hen in the opinion of the men appointed 
and qualified according to the requisitions of the preceding 
section, that such lar.ds, tenements and iiereditanaents are so 
situate, that they, will not admit of division as aforesaid, with- 
out materially injuring and reducing the value thereof, and 
make return to the court under their hands to that effect, 
the court shall order and direct the administrator or adminis- 
trators, or the survivor or survivors of them to sell such 
estate at puhlic vendue to the highest bidder, having, pre- 
vious to such sale, given six weeks notice by advertising the 
same in, at least, five public places in the county, and in one 
or more of the newspapers printed within this state, and in 
circulation within the county where such premises are situ- 
ated, setting forth the time and place where such sale will be 
made ; and such administrator or administrators are hereby 
authorized and empowered to give such credits and divide 
the amount of the purchase money of such sale "into such in- 
stalments 'as they shall deem most advantageous to the widow 
and heirs, of such intestate: Provided, That the whole pay- 
ment shall be completed within four years, after such sale: 
Provided also. That in all cases where credits are given as 
aforesaid, the purchaser or purchasers- shall enter into bond 
with sufficient sureties for the faithful performance and pay- 
ment of such purcliase money according to the condition of 
such sale; and aH expenses arising under this act, shall be ad- 
judged of and settled by tile court. 

Sec. 39. That whenever any man shall have died, or may 
hereafter die, and at the time of his death being an inhabi- 
tant of this state, possessed- of real or personal property, 
leaving a widow and having no lineal or collateral heirs, the 
w^bole of the property sheill belong to to the widow after the 
payment of all just claims against said estate; and in case the 
wife of any man shall die leaving any property of any kind, 
having no lineal or collateral heirs, such property shall be 
vested in her husband. 

Sec. 40. That whenever any person, an inhabitant of this 
state, may die intestate possessed of any property, having no 
heir, such property shall be vested in the overseers of the 
poor, and their successors of the township within which such 
deceased lived at the time of his or her death, for the benefit 
of the poor of such township. 

Sec 4 1 . That tl.e act, entitled "An act defining the during 
' of administrators on wills and ir.testate estates, and providing 
for the appointment of guardians;" the act, entitled "An act 
directing the distribution of insolvent estates," and the act, 
entitled "An act directing the manner of executing, proving 



WILLS, &:ei 4ijo 

and recording vvills .ind codicils," be, and the same are here- 
by, repealed: Provided, The same be continued in force for^^°^'^^°* 
the purpose of carrying into effect the provisions of the sanie 
which have aheady commenced. 

This act to commence, and be in force, from and after Efeet. 
the first day of June next. 



[Act of Februarij 20, 1808, 6 -j. L, C\ p. 95.] 

■An act sunpltmentafv to the act, entitled '^An act for the proving and 're- 
conlin^ wills and codicils, defuuui^ the duties of p:secutors and adjninis- 
Irators, the appointment of gur.rdiuns, and the distribution of insolvent 
estates." 

Sec. 2. That when any person lias heretofore or may liere- When no as'= 
after die intestate, (iiaving purchased land as aforesaid,) pre- ^^'^"^i ^^^^nt 
vious to the payments being completed therefor, and it shall J^j^^-^'jf^^j.jj. ^ 
be made appear to the satisfaction of the court, that there is tor. 
not assets in the hands of the administrators after payini^ all 
just debts, funeral and other incidental CAuenses, sufficient to 
complete such payments, or vrhen it shall be made to appear 
to the court, that the sale of the land situated as aforesaid, 
would be advaiitageous to tlie heirs of such estate, the court 
shall order such administrators to sell the same, in all re- 
spects, agreeably to the provisions of the act, entitled "An 
act for the proving and recording v/ills and codicils, defining 
the duties of executors and administrators, the appointment 
of guardians and the distribution of insolvent estates," who 
is hereby authorized and required (upon the order of thrt 
court as aforesaid) to transfer and convey the title of such 
land to the purchaser, or his legal representative as fully 
and completely as such intestate might or could have done 
" jn his life time. 



[Ad of February 10, 1810, 8 i;. L. O. p, 158.] 

An act for the proving and recordina: wills and codicils, defining: the duties 
of executors and administrators, the appointment of guardians, and the 
distribution of insolvent estates. 

Sec 31. That if on return made to the court, it shall Real estatte 
appear to their satisfaction, that after deducting the widow's ^^y.^^^o^^^J" 
wearing apparel, one bed and bedding, the expenses of the ^f "^Ivp^ ^^^ 
last sickness, funeral charges and the costs of administration, ' 
there is not personal property sufficient to pay all the de- 
mands against said estate, they shall, after setting to the 
■^idow h^r dower, direct the administrator to sail, waderthe 



re&trictioEs lierciu after prescribed, so niuch of the real 
estate of the deceased as shall be sufficient to discharge all 
s!ich demands, after the money arising on the sales of the 
personal property having been applied therefor: and if on 
said returns, it shall appear to the court, that after setting oft' 
to the widow her dower and wearing apparel, and deducting 
the expenses of the last sickness, funeral charges, the costs 
of administration, that said estate is insolvent, it shall be the 
duty of said court, after setting off to the widow her dower 
as aforesaid, to direct the remair.der thereof to be sold, and 
to make ont an accurate estimate of what the property so 
]emaiDing will pay on the dollar, upon the whole of the 
demands against said estate, which it shall be the duty of 
the administrator immediately to pay agreeable thereto, to 
the several claimants thereof against said estate; and no cost 
shall be recovered on any suit commenced against any ad- 
ministrator, within one year from the date of such letters 
testamentary, but that all costs accruing on such suits shall 
be paid by the person commencing the same. 
Fowerof^uar- ^'^^" 34. That the court . of common pleas shall have 
dians over power, vfhenever they conceive it necessary, to appoint guar- 
^^i^^l^^^^'^ dians to all minors within their county, and, on good cause 
shewn, to authorize guardians to sell all or part of the pro- 
perty, whether real or personal, of their ward or wards, and 
direct the manner of securing the money arising on such 
^ sales to said ward or wards, and likewise to authorize any 
guardian heretofore chosen or appointed, to sell the whole 
or a part of the estate, real or personal, of his ward or wards, 
and to direct the manner of securing the money arising there- 
from to said ward or wards; w^hich said guardians shall, in 
every case, give bond with sufHcient security to the accept- 
ance of the court, to discharge v/ith fidelity the trust reposed 
in them, before entering on the discharge of the same, and for 
rendering an accurate statement of their transactions, with 
a just account of the profits arising, and deliver up the same 
to the court, at such time as they may require ; and the court 
may allow to such guardians Avhat compensation they may 
think proper for the service by them performed: Provided^ 
That minors living out of the state and owning lands within 
the same, shall be entitled to the benefits of this section: 
Provided^ His, her or their guardian or guardians, shall give 
such securitv, as shall be approved of by the court. 
Court may di- ^^^* ^^' That where any person has heretofore, or herc- 
rcct payment after may purchase any land from the United States, and die 
to the United intestate, previous to the payments therefor being completed 
States for ^^ ^\^^ Ui.uted States, the court of common pleas of that 
countv, wherein the land may lie, may, on application, au- 
thorize and direct the administrator of the estate of such in- 
testate, to complete the payment of all balance due to the 
United States on such tract of land, out of the assets in his^ 



WILLS, &:c.. -ioT 

or their hands, belonging to such estate: Provided^ The court, Proviso, 
to whom appHcation may be made as aforesaid, shall he satis- 
fied Ijiat completing the payment as aforesaid, would be ad- 
vantageous to such estate. 

Sec. 42. That when any person has heretofore, or may Court may cU- 
hereaftcr die intestate (having purchased land as aforesaid) r^ct sale of 
previous to the payment being com])leted therefor, and it shall certificates. 
be made to appear, to. the satisfaction of the court, that there 
is not assets in the hands of the administrator, after paying 
alljust debts, funeral and other incidental expenses, snihcient 
to complete such payment, or when it shall be made to ap- 
pear to the court, tS.at the sale of the land situated as afore- 
said, would be advantageous to the heirs of such Chlate; the 
court shall order such administrator to sell the same, in all 
respects, agreeable to the provisions of this act, v/ho is here- 
by authorized and re(|uircd (upon the order of the court 
aforesaid) to transfer and convey the title of such land to the 
purchaser or his legal representative, as fully and completely 
as such intestate might or could have done in his life time. 

Sec. 44. That the act for the proving and recording of Actsrepeale^^ 
wills and codicils, defining the duties of executors and ad- 
ministrators, the appointment of guardians, and the distribu- 
tion of insolvent estates, passed February the eighteenth, 
one thousand eight hundred and eight, and "An act supple- 
mentary thereto," passed the twentieth of Februarv, one 
thousand eigh.t hundred and eight, be, and the same are 
hereby repealed. 

This act to take effect, and be la force, from and after the EfFect. 
jirst day of Jane next.'^ 



■ [Act of February 8, 1812, 10 r. L, O. p, 6ti.] 

An act supjilcraentary to an act, entitled "An act for the proving anil re*' 
cording wills and codicils, defining the duties of executors and adminis* 
trators, the appointment of guardians, and the distribution of iuaolvent 
estates." 

Sec. 2. That every administrator who may have been or Executors, 
shall hereafter be appointed such, within any of the United *^'^: °^°*^^^'" 
States or territories tiiereof, according to the hivvs of theiifthfe™^^^^" 
state or territory, within which such appointment may have 
been or hereafter may be made; and every executor who 
may have been or hereafter may be appointed such, by will 
or codicil, made and proved in any state or territory, of the 

=" The residue of this act, except a few sli^^ht and quite immaterial verbaJ 
difierenccs, is an exact transcript of the act of February IB, 1808. 

Note— Act of February 19, I8l0, 8 v. p. 258. The courts of C. P. 
ars authorized to sustain suits on the b9nds of adiiiinistratyrF.- ko. 



46« 



WILLS, &C. 



United States, according to the laws of siidi state or tcm'; 
tor3% shall be authorized by virtue thereof, to connmence and 
prosecute any action or suit, either in law or equity, and 
shall be liable to be &ued, either in law or equity, in any 
court of this state, having jurisdiction of the subject matter 
of such action or suit, in his, her or their capacity of adnni- 
riistrator or executor, in the same manner and under the 
same regulations as any non-resident may be permitted to 
Proviso. sue or be sued: Provided^ That nothmg herein contained shall 

be so construed as to vary the course of descents, nor in any 
wise affect the title of any land within this state, unless 
jin authenticated copy of such will or codicil, be proved and 
recorded in this state, in the same manner as is provided in 
the twelfth section of the act to which this act is supplemen- 
tary. 

Under section Sec. 4. That v^'henever it becomes the duty of any courts 
oi, of orginal within this stale, by reason of the provisions of the thirty- 
^^ Vh'fn F?^" ^'^^^ section of the aforesaid act, to set off dower, such court 
oil' dower. shall, forthwith, appoint three disinterested freeholders, 
whose duty it shall be, after being sworn or affirmed faith- 
fully and impartially to perform their trust, to set off the 
same in such manner as shall be just and equitable; and for 
their services the said court shall allow such compensation 
as may be reasonable, to be paid out of the estate of the de- 
ceased; and hereafter no court within this state shall be 
required, by reason of any provision in the thirty-eighth 
section of the same act, to cause any administrator or admi- 
nistrators to sell the lands of any deceased person, so as in any 
wise to aliect the claim or right of dower of the widow of such 
deceased person, without her free consent; and whenever it 
shall appear by the administra.tor's return, in the said thirty- 
first section of said mentioned act, that any deceased person 
may have died insolvent, no dividend of the said estate shall 
be made or caused to be made by the court, unless by adver- 
tisement inserted in some newspaper printed in the vicinity, 
all creditors may have been advised to produce their claims, 
properly authenticated, within one year from the date of 
such advertisement. 

Sec. 5. That it shall at all times hereafter be lawful for 
the judges of the court of common pleas, or, any three of 
them, when required to convene for the purpose of grantine; 
letters of administration, taking probate of wills, or for trans^ 
acting any other necessary business relative to the settlement 
of the estates of deceased persons. 



Court may 
convene to 
prove wills-', 



Note— Act of Janunry Sf), 1 81 G— took effect May 1, 14 v. p. 141. Re, 
peals the acts of February 10, 1810, of February IP," tSlO, and of Feburary 
G, 1812. 

Act of February 1?., IGlfi, 14 v. p. 284. This act points out the manner 
of nro?ecutim* suits on the bonds of a(Uainistrator=. kr^ '' 



-WHLLS, &C^ 46J^ 

Act of January 29, 1818, 16 v. p. 121. When there is a widQW endowed, 
Nihe reversionary interest may be sold. 

Act of February 2, 1821, 19 v. p. U>5. Bills in chancery may be filed to 
establish wills. Contracts may be completed by executors, &g. when land 
is divided by county lines. 

Act of February 26, 1824— took effect June 1, 22 v'. p.- 119. By the act 
of February 11, 1824, 22 v. p. 132, sec. 28, the acts of January 25, 1816, 
February 2, 1821, Decembpr 20, 1821, and all other acts coming within the 
purview of this fAn act defining the duties of fexecutors and adrninistra- 
'tors") are rejealed. 

Act of January 20, 1824, L. L. 1823—4, p. 24. A defective will of Peter 
Pelhams established. 

Act of December 22, 1824, 23 v. p. 15. That part of the law which re- 
„ fjuires seals to be affixed to wills, repealed. See ante p. 396. 



^imnimxt^u^'. 



[Ad of February 2>^ 1804, 2 v. L. O. p, 123.J 

An act authorizing aliens to hold lands in this state, by purchase or othci'*. 

" wise. 

Aliens 'nav ^^^* ^* That it shall be lawful for any and all aliens that 

hold lands, riow nnay have, or that hereafter shall be, entitled to have 
within this state, any lands, tenennents or hereditaments, 
either by purchase, gift, devise or descent, to hold, possess 
and enjoy the same, as fully and completely as any citizen of 
the United States or this state, can do, subject to the same, 
laws and regulations, and not otherwise. 



[Act of December 21, 1811, 10 v. L, O. p. 8.] 

An act to enable Drusilla Kerr to receive a certain conveyance. 

js&fe. Whereas it has been represented to this General Assembly, 
that James Kerr, deceased, in his life time contracted 
with Nathaniel Massie, esq. for the purchase of one hun- 
dred acres of land, on the waters of the Scioto river, in 
the county of Ross; eighty acres of which never have 
been conveyed to the said James, in his life time, or to 
bis assignee: Whereas it has been further represented, 
as aforesaid, that the said James has since died intestate, 
without leaving any heirs at law, to whom the said eighty 
acres, or the right thereto, can vest: Whereas it is fur- 
ther represented, as aforesaid, that the said Drusilla 
Kerr, as administratrix of the rights and credits, goods 
and chattels of the said James, deceased, is possessed of 
ihe bond alleged to have been regularly executed by 
ihe said Nathaniel Massie, esq. by which he is compel- 
lable to make a conveyance of said land to the said 
James, deceased, or his legal heirs: And whereas it 
has been further represented to this General Assembly, 
that the said Drusilla is not in ehgible pecuniary cir- 
i-.umstances, and by her own industrious exertions, princi- 
pally enabled the said James, in hi* life time,, to make 
ifaid purchase: Therefore, 



MlSCELLANEOi/>. 4^1 

Sec. 1. That the right of this state to the property and Rigint to land 
-estate, in and to said eighty acres of land, accruing by rca- J.^^^^^ ^" ^' 
SOD of the defect of any heir, capable in law to inherit the 
said land of tiie said James, be, and the same hereby is vest- 
ed in the said Drusilia Kerr, and her heirs and assigns for- 
ever. 

Sec. 2. Tliat the said Drusilia, or her legal representa- May receiver 
lives, be, and she or they hereby are authorized and em- ^^^^^'^°™ . 
powered to demand and receive of the said Nathaniel Massie, ^-ive u lelease. 
or his legal representatives, such deed or deeds, of convey- 
ance of the said land, as by the said bond the said James, 
were he now alive, could of right and according to law, 
demand and have of the said Nathaniel o • his legal repre- 
sentatives, and to give therefor such complete and perfect 
release, as'by the said bond the said Nathaniel, could require 
of said James, were he now alive: Provided, That the said Proviso. 
Drusilia, or her heirs, do, or cause to be done and performed, 
all such conditions, as by virtue of said bond, the said James 
or his heirs, v/ould have been required to do or perform, 
were the said James now. alive, or had he heirs capable in 
law, to inherit his estate: And provided^ That nothing herein Proviso, 
contained shall be so construed as to disinherit, deprive, or 
take from any heir or heirs, at lavv^, capable to receive real 
estate of the said James, deceased, by descent or inheritance, 
his, her or their right to the premises, in possession of the 
said Drusilia Kerr, her heirs or assigns; but such heir or 
heirs, if any such should appear, and sufficiently and in 
due time prove his, her or their descent from or kindred to 
said James, by due course of law, may have the same right 
as against the said Drusilia, her heirs and assigns, to compel 
to such heir or lieirs, a conveyance of the inheritance, (saving 
to the said Drusilia, her right of dower, and a due allow- 
ance for any money she may advance, and every other equi- 
table right, she or her heirs or assigns, may have in relation 
to the subject,) as such heir or heirs would have had 
against the said Nathaniel Massie, or his legal representa- 
tives, had this act never been passed: And provided a /50, Proviso. 
That nothing in this act contained shall be so construed as 
to bar, destroy or injure the right or rights of any creditor 
or creditors, of the said James Kerr, deceased, from con- 
sidering the said land as assets, either in law or equity, for 
the payment of the jyst debts of the d^Qeased. if any such 
^here be. 



472 MISCELLANEOUS. 

{.del of January 24, 1809, 7 v. L, 0. p, 71r} 

An act vesting the legal title to certain lands, in Henry Lee, executor of ths- 
last will and testament of Arthur Fox, deceased. 

Preamble. Whereas it has been represented to this General Assiemblj* 
that Arthur Fox, late of Mason county, of the state of 
Kentucky, departed this life in the year one thousand 
seven hundred and ninety-four, leaving four children, 
viz: Elizabeth Fox, who has since been married to Ri- 
chard Graham, Mary S. Fox, who has since been mar- 
ried to Lawson Dohyns, Arthur Fox and Matilda Fox. 
the said Arthur and Matilda being yet infants, under the 
age of twenty-one years; that the said Arthur Fox, de- 
ceased, by his last will and testament, appointed Henry 
Lee, Alexander D. Orr and Francis Taylor, the execu- 
tors thereof, and amongst ather matters therein contain- 
ed, full power and authority was vested in the said exe- 
cutors to sell and dispose of any of the lands, belonging 
t» the deceased, in the state of Ohio, for certain purposes 
therein mentioned; that most of the lands owned by 
the deceased, vrere obtained for services rendered \i\ lo- 
cating and surveying in the Virginia Military District* 
the legal titles to which were not then completed, but 
have since been obtained by the original proprietors, 
and by them conveyed, improvidently, to tne heirs of 
the said Arthur Fox, whereby it is put out of the power 
of the executors to comply with the requisitions of the . 
said will : Therefore, in order that the last will and testa- 
ment of the said Arthur Fox, may be carried into ef- 
fect. 

- p Sec. 1. Tliat the legal title to one thousand four hundred 
lands vested in ^^^'^* ^^ land, situated in Adams county, on [the] waters of 
H, Lefe. Straight creek, being survey No. 1287, patented to Samuel 

Hopkins, and by him co'^veyed to the heirs of the said Ar- 
thur Fox, generally by deed, bearing date the twenty-seventh 
day of May, eighteen hundred: also, one other tract of one 
thousand acres of land, situated in the county of Adams afore- 
said, on [the] waters of the Cherry Fork of Brush creek, being 
survey No. 1024, patented to John Winston, and by the heirs 
of the said Winston conveyed, specially, to the heirs of the 
said Arthur Fox, by deed, bearing date the thirteenth of 
April, eighteen hundred and eight, be, and the same is here- 
by, vested in Henry Lee, executor of the last will and testa- 
ment of the said Arthur Fox, deceased, in trusty for the uses 
and purposes expressed in the said last will and testament, so 
far only as respects the right of Arthur Fox and Matilda, in- 
fants, under the age of twenty-one years. 



MISCELLANEOUS. -473 

Sec. 2. That all acts and deeds, conveyances and trans- His acts valid> 
actions, done and executed by the said Henry Lee, by virtue 
of the trust herein granted, and in compliance with the last 
vrill and testament of the said Arthur Fox, deceased, shall be 
good and valid in law, to all intents and purposes. 

This act shall take efTect, and be in force, from aad after EjOQetft 
^he passage thereof. 



[jld of February/ 22, 1 805, 3 v. L. O. p. 294.] 

An act repealing certain laws. 

Sec. 1. That all the laws adopted or passed by the gover-Laws of Gov- 
nor and judges, prior to the first day of September, in the and Judges re? 
year of our Lord, one thousand seven hundred and ninety- P^^ ^ * 
nine, and now in force in this state, be, and the same are 
hereby repealed. 

Sec 2. That all the laws and resolutions passed by the Laws passed 
territorial legislature, prior to the first day of April, A. D. J^^s^j^'tj^e fer. 
one thousand eight hundred and two, be, and the same arCpg'aied. 
hereby, repealed, except these herein after excepted, (to wit): 
An act, entitled "An act to alter the boundary line between 
the counties of Jefferson and Washington:" an act to 'ucor- 
porate the town of Marietta: an act to empower the trus- 
tees named in the last will and testament of Doctor William 
Burnet, the elder, to dispose of certain lands: an act au- 
thorizing the town of Marietta to preserve the banks of the 
rivers in the said town: an act appointing trustees for the 
town of Manchester: an act to incorporate the town of 
Cincinnati: an act authorizing Zacheus Biggs and Zache- Exceptioa?, 
us A. Beaty, to erect a bridge over Will's creek: an act for 
the relief of Sally Mills: an act for the relief of Jane Mitch- 
son: an act for the relief of Lucy Petit: and also, the differ- 
ent laws passed by the territorial legislature, on the subject 
of levying a territorial tax, w ich laws shall remain and con- 
tinue in force, until the revenue under the same shall be 
collected, and no longer: Provided neverlheless^ That nothing Powet^, 
in this act contained shall be so construed as to affect, in any 
manner, any suit or prosecution now depending and undeter- 
mined, but the same shall be carried on to final judgment and 
execution, agreeable to the provisions of any of the said laws, 
under which the suit or prosecution may have been com- 
menced and the practice of the courts. 

^ Tiiis act S'Kill take effect, and be in force, from and after £ffecf. 
the first day of June next. 

3 M 



A7.4, 



3IISCELLANE0US. 



[Ad of February/ 14, 1809, 7 v, L. 0, p, 162.] 

An act providing that the repealing an act shall not revive a former act. 

Sec. 1. That whenever a law shall he repealed, which 
repealed a former lavv , the former law shall not^ thereby, he 
revived unless specially provided for. 



Testimony 
how perpe^ 
tuated. 



ii for land?, 
must be re- 
€t)rded. 



Effect. 



[Act of Fehrnary 19, 1810, 8 r. L. O. p. 176.] 
An act providing- the mode of perpetuating testimony, in certain cases, 

[Sec. 1.] That any two associate judges, of the court of 
common pleas, in their respective counties, may take the 
deposition, in writing, of any person residing therein, to per- 
petuate the rememhrance of any fact, matter or thing; and the 
said associate judges, before whom such deposition is to he 
made, shall cause such "person or persons, whom they know 
to be interested, either directly or indirectly, or otherwise, 
affected hy such deposition, if within their county, to he duly 
notified of the time and place of the caption, and if without 
the county, his or their attorney, if any they have, who shall 
he at liberty to interrogate and cross examine such deponent; 
and all such questions and answers shall be reduced to writ- 
ing and included in such deposition ; and the deposition being 
reduced to writing by one of the associate judges, or by the 
deponent in their presence, and subscribed, the said associ- 
ate judges, shall administer an oath and certify the caption; 
and the same deposition shall, v^athin sixty days, be recorded 
within the office of the recorder of deeds, in the county 
where the land lies, if the deposition respects real estate; 
and if the same respects personal estate, then in the office 
of the clerk of the court of common pleas, of the said county, 
where the same shall be taken, and such certificate shall be 
made on the deposition ; and the sam.e deposition, so certifi- 
ed, or a copy of the said record, may, in the case of the 
death of such deponent, absence out of the state, or inability 
to attend the court, as aforesaid, be used as evidence, in any 
cause to which it may relate: Prozidcd^ That nothing, in 
this act contained, shall be so construed, as to prevent any 
arid all legal exceptions being m.ade and allowed, to the 
reading of such depositions, on any trial at law or equity, in 
which the same may be introduced as evidence. 

This act to take efl'ect, from and after the first day of 
June next. 

Act of January 25, 1819, 17 v. p. 52. Evidence may be perpetuated a? 
to lands. 

Actof January 2,1824, 22 V. p. 105. Repcalsthcactof January 25, 1819. 

Note.— Act of Fcbrnnry 6, 1824, 22 v. p. 1J4. Repeals the act of F%- 
l»ruary 19, 18W and substitutes a new law. 



MISCELLANEOUS. 475 

\Aci of January 11, 181 1, 9 r. L. O.p. 1|.] 

An act providing for the relief and support of women who may be abandon- 
ed by their husbands, and for other purposes. 

(Preamble) 

vSec. 1 . That if any man, being joined in the marriage re- Wife may file, 
lation, shall renounce the marriage covenant, or refuse to live '^J^.^^-^^°"., 
with his wife in the conjugal relation, by joining himself to husband who 
any sect whose rules and doctrmes require a renunciation of has abandon- 
the marriage covenant, or forbid a man and woman to dwell ?^\ *'^^ ^"^ . 
and cohabit together in the conjugal relation, according to'J.^5"^iQ^g^gQt!^ 
the true intent and meaning of the institution of marriage, it cietie?. 
shall and may be lawful for the wife, in such case, to file her 
petition in the office of the clerk of ihe court of common 
pleas, or of the supreme court, at least two months before 
the time of the sitting of said court, and siiall also serve the 
adverse party with a copy of said petition, within one month 
from the time of filing the same, which petition shall state the 
true cause of complaint: and in case he shall not reside in 
her county, she shall publish such notice in some newspaper 
pu;:)lishcd in said county, or in the next adjacent county, in 
which a newspaper is puhlished. 

Sec. 2. That it shall he the duty of the clerk of such court, Proccsa, 
where the petition is filed, to issue a summons requiring the 
person complained of, to appear before the said court to an- 
swer the allegation of said petition; and, if the party com- 
plained of shall not appear, or appearing shall deny the facts 
stated in the petition, the court shall proceed to hear and 
determine the same* 

Sec. 3. That if it shall appear to the said court, that the Court may as» 
woman complaining has heen lawfully married to the man of certain estate, 
whom complaint is made, and that he hath renounced or vio- 
lated the marriage covenant by joining such sect as above 
described, the court shall take such measures as to them shall 
seem riglit, to ascertain the amount of the property, real and 
personal, of such husband, and shall decree such part thereof, 
to the woman as shall appear just and equitable. 

Sec. 4. That if the said hushand and wife, shall have a Husband's au- 
child or children, (yet being in a state of minority) the bus- *l'°^^j*-y, ^^'®'* 
band so violating the marriage covenant shall be considered at an end. 
as having renounced and divested himself of all the autho- 
rity he could have otherwise exercised over his children, 
and the court shall decree such part (or the whole) of the 
remainder of bis property, real and personal, as to them 
■shall seem right, to the use and support of tlie child or chil- 
dren, aforesaid; and such child or children, shall be, and 
remain under the care and direction of the mother: Pro- Provi?*. 
■7)iderlj That the court shall have power, if they shall deem it 



47S MISCELLANEOUS. 

necessary, to appoint a guardian or guardians, for such child 
or children, agreeably to the provisions of the thirty-fourth 
and thirty-fifth sections of the act, entitled "An act for the 
proving and recording wills and codicils, defining the duties 
of executors and administrators, the appointment of guar- 
dians, and the distribution of insolvent estates," passed Feb- 
Proviso. ruary tenth, one thousand eight hundred and ten: And pro- 

vided also^ That if the court shall deem it necessary, they may 
direct such child or children to be bound to apprenticeship, 
agreeably to the sixth section of the act, entitled "An act 
for the relief of the poor," passed February nineteenth, one 
thousand eight hundred and ten. 
-, . Sec. 5. That all gifts, grants or devises, of money or pro- 

to such socie- P^^'ty, real or personal, which may be made by any man as 
ties void. aforesaid, violating the marriage covenant, to such sect as 
before described, or any members of such sect, which may 
tend to deprive his wife or children, of that support to which 
they are entitled, according to the true intent and meardng 
of this act, shall be utterly void ; and all money or property, 
so given, granted or devised, may be recovered at the suit 
of the party injured. 



APPENDIX 



TREATIES AND RESERVATIONS. 

[1 r. L. a S.p, 390.] 

Articles of a treaty concluded at Fort M'Intosh, the twenty-^first-^ay of Ja- 
nuary, one thousand seven hundred and eighty-five, between the com- 
missioners plenipotentiary of the United States of America, of the one 
part, and the sachems and warriors of the Wyandot, Delaware, Chippewa 
and Ottawa nations, of the other. 

Art. 3. The boundary line between the United States Bo^j^jjaries 
and the Wyandot and Delaware nations, shall begin at the between the 
mouth of the river Cuyahoga, and run thence up the said river ^^^^^^ Sutos 
to the portage between that and the Tuscarawas branch of ^J^^j^^g^^^/" 
Muskingum; then down the said branch to the forks at the Delawares; 
crossing place above fort Lawrence; then westerly to the 
portage of the Big Miami, which runs into the Ohio, at the 
mouth of which branch the fort stood which was taken by 
the French in one thousand seven hundred and fifty-two; 
then along the said portage to the Great Miami or Omie river, 
and down the south-east side of the same to its mouth ; thence 
along the south shore of Lake Erie, to the iiiouth of Cuya- 
hoga, where it began. 

Art. 4. The United States allot all the lands contained Lands allots 
within the said lines to the Wyandot and Delaware nations, *^^^^^^^^^"^ 
to hve and to hunt on, and to such of the Ottawa nation as 
now live thereon; saving and reserving for the establishment j^g^j^g^l^^jja 
of trading posts, six miles square at the mouth of Miami or 
Omie river, and the same at the portage on that branch of the 
Big Miami which runs into the Ohio, and the same on the 
lake of Sandusky where the fort formerly stood, and also two 
miles square on each side of the lower rapids of Sandusky 
river, which posts and the lands annexed to them, shall be to 
the use and under the government of the United States. 

Art. 6. The Indians who sign this treaty, as well in behalf Title of Unit- 
of all their tribes as of themselves, do acknowledire the lai-ds ed States ac- 
east, south and west of the lines described in the third arti- ^"''^^^^S^^^ 



478 APPENDIX, 

cle, so far as the said Indians formerly claimed the same, to 
belong to the United States; and none of their tribes shall 
presume to settle upon the same, or any part of it/^ 



TREATY OF FORT HARMAR. 

[January 9, llQd^ I V. L.U, S.p, S9S.] 

I Aiiicles of a treaty made at fort Harmar, between Arthur St. Clair, gover- 

nor of the territory of the United States, northwest of the river Ohio, 
and commissioner plenipotentiary of the United States of America, for 
removing all causes of controversy, regulating; trade, and settling boun- 
daries, with the Indian nations in the northern department, of the one 
part; and the sachems and warriors of the Wyandot, Delaware, Ottawa,. 
Chippewa, Fattawatima, and Sac nations, on the other part. 

Treaty of Fort Art. 2. And whereas, at the before mentioned treaty, it 
M'Intosh re- was agreed between the United States and said nations, th-at 
cited and con- ^ boundary line should be fixed between the lands of those 
nations and the territory of the United States, which boun- 
dary is as follows, viz: beginning at the mouth of Cuyahoga 
river, and running thence up the said river to the portage 
between tliat and the Tuscarawas branch of Muskingum, 
then down the said branch to the forks at the crossing place 
above fort Lawrence; thence westerly to the portage on that 
branch of the Big Miami river which runs into t- e Ohio, at 
the n:iouth of which branch the fort stood which was taken 
by the French m the year of our Lord one thousand seven 
hundred and fifty-two; then along the said portage to the 
Great Miami or Omie river, and down the southeast side of 
the same to its mouth ; thence along the southern shore of 
lake Erie to the mouth of Cuyahoga, where it began. And 
the said Wyandot, Delaware, Ottawa, and Chippewa nations, 
for and in consideration of the peace then granted to them 
by the said United States, and the presents they then receiv- 
ed, as well as of a quantity of goods to the value of six thou- 
sand dollars, now delivered to them by the said Arthur St, 
Clair, the receipt whereof they do hereby acknowledge, do,, 
by these presents, renew and confirm the said boundary line; 
to the end that the same may remain as a division line be- 
tween the lands of the United States of America and the 
lands of said nations, forever. And the undersigned Indians,- 
do hereby, in their own names, and the names of their re- 
spective nations and tribes, their heirs and descendants, for 
the consideration above mentioned, release, quit claim, 
relinquish, and cede to the said United States, all the land 
cast, south, and west, of the lines above described, so far as 

*Art 10, of this treat)-, stipulates for the distribution of goods amongst 
(he different tribes ; but the value is not specified. 



APPENDIX. 4*79 

the said Indians, formerly claimed the same; for them the 
Said United States to have and to hold the same, in true and 
absolute propriety, forever. 

Art. 3. The IJnited States of America do, hy these pre- Indians may 
se its, relinquish and quit claim to the said nations respec-J^^Jj^P^"^^ 
lively, all the lands lying between the limits ahove described, "' 
for them, the said Indians, to live and hunt upon, and other- 
wise to occupy as they shall see fit but tlie said nations, or 
either of them, shall not, be at liberty to sell or dispose of 
the same, or any part thereof, to any sovereign power, 
except the United States; nor to the subjects or citizens of 
any other sovereign power, nor to the subjects or citizens of 
the United States. 

Art. 10. The United States renew the reservations here- Reservations 
tofore made in the before mentioned treaty at fort M'lntosh,^'^^' ^'^^'^^"S* 
for the establishment of trading posts, in manner and form 
following; that is to say: six miles square at the mouth of 
the Miami or Omic rivers; six miles square at the portage 
upon that branch of the Miami which runs into the Ohio; six 
miles square upon the lake Sandusky, where the fort for- 
merly stood; and two miks square upon each side of the 
Lower Rapid», on Sandusky river: which posts, and the 
lands annexed to them, shall be for the use and under the 
government of the United States. 

Art. 15. And whereas, in describing the boundary before 
mentioned, the words, if strictly constructed, would carrv it 
from the portage on that branch of the Miami which runs*^ in- Correction of 
to the Ohio, over to the river Auglaize; which was neither boundary 
the intention of the Indians, nor of the commissioners; it is^^"^- 
hereby declared, that the line shall run from the said portage 
directly to the first fork of the Miami river, which is to the 
southward and eastward of the Miami village; thence down 
the main branch of the Miami river to the said village, and 
thence down that river to Lake Erie, and along the margin of 
the lake to the place of beginning. " . 



TREATY OF GREENVILLE. 

[August 3, 1795, 1, L. U, S, p. 393.] 

A treaty of peace between the United States of America, and the tribes 6i> 
Indians called the VVyandots, Delawarcs, ShaAvanees, Chippewas, Otta- 
was, Pattawatiruas, Miamis, Eel Rivers, Weas, KickapooSj Piankeshaws 
and Kaskaskias. 

Art. 3. The general boundary line between the lands of Boundary e^,- 
the United States and the lands of the said Indian tribes, JfJ^^J^^^",^^^^^^^ 
shall begin at the mouth of Cuyahoga river, and run thence states and '' 
up the same to the portage, between that and the Tuscarawas Indians, 
branch of the Musldngum; thence down that branch to the 



iSO APPENDIX. 

crossing place above fort Lawrence; thence westerly to a 
fork of that branch of the Great Miami river, running into 
the Ohio, at or near which fork stood Loromie's store, and 
where commences the portage between the Miami of the 
Ohio and St. Mary's river, which is a branch of the Miami 
which runs into Lake Erie; thence a westerly course to fort 
Recovery, Vy^hich stands on a branch of the Wabash; thence 
southwesterly in a direct line to the Ohio, so as to intersect 
Consideration that river opposite the mouth of Kentucky or Cuttawa river. 
fortbe cession. And in consideration of the peace no'*v estabhshed; of the 
goods formerly received from the Ur.ited States; of those 
ROW to be delivered; and of the yearly delivery of goods now 
stipulated to be made hereafter; and to ii.deniLify the United 
States for the injuries and expenses they have sustained dur- 
ing the war, the said Indian tribes do hereby cede and relin- 
quish forever, all their claims to the lands h ing eastwardly 
.■:^, and southwardly of the general bcurdary iiiie now described ; 

and these lands, or any part of them, shall never hereafter 
be made a cause or pretence, on the part of the said tribes, 
or any of them, of Vv^ar or injury to the United States, or 
any of the people thereof. 
Cession of ^^^ ^^i" ^^^^- same considerations, and as an evidence of the 

lands to the returning friendship of the said Indian tribes, of their confi- 
U. States. dence in the United States, and desire to provide for their 
accommodation and for that convenient intercourse which will 
be beneficial to both parties, the said Indian tribes do also 
cede to the United States the following pieces of land, to 
wit: 1. One piece of land six miles square, at or near Loro- 
mie's store, before mentioned. 2. One piece two miles 
square, at the bead of the navigable water or landing, on 
the St. Mary's river, near Girtj's town. 3* One piece six 
miles square, at the head of the navigable v/ater of the Au- 
glaize river. 4. One piece six miles square, at the conflu- 
ence of the Auglaize and Miami rivers, where fort Defiance 
now stands. 5. One piece six miles square, at or near the 
confluence of the rivers St. Mary's and St. Joseph's, where 
fort Wayne now stands, or near it. 6. One piece two miles 
€quare, on the Wabash river, at the end of the portage from 
the Miami of tlie lake, and about eight miles westward from 
■ fort Wayne. 7. One piece six miles square, at the Ouatanon, 
or old Wea towns, on the Wabash river. 8. One piece 
twelve miles square, at the British fort on the Miami of the 
lake, at the foot of the rapids. 9. One piece six miles 
square, at the mouth of the said river, where it empties into 
the lake. 10. One piece six miles square, upon Sandusky 
lake, where a fort formerly stood. 11. One piece two miles 
square, at the lower rapids of Sandusky river. 12. The 
post of Detroit, and all the lar<d to the north, the west, and 
the south of it, of which the Indian title has been extin- 
guished by gifts or grants to the French or English govern-^ 



APPENDIX. 48 i 

inents : and sd much more land to be annexed to the district 
of Detroit, as siiall be compreiiended between the river Ro- 
slne, on the south, Lake St, Clair on the north, and a liiie, the 
general course whereof shall be six miles distant from the 
west end of Lake Erie and Detroit river. 13. The post 
of Michilimackinac, and all the land on the island on which 
that post stands, and the main land adjacent, of which tbe In- 
dian title has been extinguished by gifts or grants to the 
French or English governments; and a piece of land on the 
main to the north of the island, to measures six miles, on Lake 
Huron, or the strait between Lakes Huron and Michigan, 
and to extend three miles back from the water of the lake or 
strait; and also, the iskmd De Bois Blanc, being an extra and 
voluntary gift of tlie Ciiippewa nation. 14. One piece of 
land six miles square, at tlie moutli of Chikago riv^er, emptj^- 
ing into the southwest end of Lake Michigan, where a fort 
formerly stood. 15. One piece twelve miles square, at or 
near the mouth of the Illinois river, emptying into the Mis- 
.sissippi. 16. One piece six miles squ<are, at the old Piorias 
fort and village, near the south end of the Illinois Lake, on 
said Illinois river. And whenever the United States shall ug^^^^pj. ^^ 
think proper to survey and mark the boundaries of the lands notify tribes of 
hereby ceded to them, they shall give timely notice thereof intended sur- 
to the said tribes of Indians, that they may appoint some of '^^•^* 
their wise chiefs to attend and see that the lines are run ac- 
cording to the terms of this treaty. 

And the said Indian tribes will allow to the people of the The tribes t© 
U'ited States a free passage by land and by water, as one allow a free 
and the other shall be found convenient, tlirough their coun- [^f*^^f.^ ., . 
try, along the chain of posts herein before mentioned; thatiandsf 
is to say, from the commencement of the portage aforesaid, 
at or near Lorornie's store, thence along said portage to the 
St. Mnry-s, and down the same to fort Wayne, and then down 
the Miami to Lake Erie ; again, from the commencement of 
the portage at or near Loromie's store, along the portage 
from thence to the river Auglaize, and down the same to its 
junction with the Miami at fort Defiance; again, from the 
commencement of t\i6 portage aforesaid, to Sandusky river, 
and down the same to Sandusky bay and Lake Erie, and 
from Sandusky to the post which shall be taken at or near 
the foot of the rapids of the Miarni of the lake; and from 
thence to Detroit. Again, from the mouth of Chikago, to 
the commencement of the portage, between that river and 
the Illinois, and down the Illinois river to the Mississippi; 
also, from fort Wayne, along the portage aforesaid, wfiich 
leads to the Wabash, anu then down the Wabash to the Ohio. 
And the said Indian tribes will also allow to the people of 
the United States, the free use of the harbors and mouths of 
rivers along the lakes adioininsj the Indian lauds, for shelter- 
" 3 N 



48f APPENDIX. 

ipg vessels and boats, and liberty to land tbeir'cargoes where 
necessary for their safety. 
The U States Art. 4. In consideration of the peace now established, and 
relinquish of tlie cessions and relinquishments of lands made in the pre- 
claims to ceding article by the said tribes of Indians, and to manifest 
lands. ^j^^ Uberahty of the United States, as the great means of 

rendering this peace strong and perpetual, the United States 
relinquish their claims to all other Indian lands northward of 
the river Ohio, eastward of the Mississippi, and westward and 
southward of the great Lakes and the waters uriting them, ac- 
cording to the boundary line agreed on by the United States 
and the king of Great Britain, in the treaty of peace made 
between them in the year 1783. But from this relinquish- 
ment by the United States, the following tracts of land are 
explicitly excepted. 1st. The tract of one hundred and fifty 
thousand acres near the rapids of the river Ohio, which has 
been assigned to general Clark, for the use of himself and his 
warriors. 2d. The post of St. Vincennes, on the river Wa- 
bash, and the lands adjacent, of which the Indian title has 
been extinguished. 3d. The lands at all other places in 
possession of the French people and other white settlers 
among them, of which the Indian title has been exti^ guished 
as mentioned in the 3d article; and 4th. The post effort Mas- 
sac, towards the mouth of the Ohio. To which several par- 
cels of land so excepted, the said tribes relinquish all the title 
and claim which they or any of them may have.* 



TREATY OF FORT INDUSTRY. 

[Iv. L. a S.p. 409.] 

A treaty between the United States of America, and the sachems, chiefs^ 
and v/arriors, of the Wyandot, Ottawa, Chippewa, Munsee, and Dela- 
ware, Shawanee, and Pattawatima nations, holden at f rt Industr} , on 
the Miami of the lake, on the fourth day of July, Anno Domini, one 
thousand eight hundred and five 

Bottn^arvline • ■^^'^' ^' ^^'^ boundary line between the United States 
established, and the nations aforesaid, shall ij) future be a meridian line 
drawn north ai/d south, through a boundary to be erected on 
the south shore of Lake Erie, one hur.dred and twentv miles 
due west of the west bou dary line of the state of Pennsyl- 
vania, extendiiig north until it intersects the boundary line 
of the United States, and extending south [until] it ir;tersects 
a line heretofore established by the treaty of Greenville. 
liunds ceded Art. 3. The Indian nations aforesaid, for the considora- 
toU. States, tion of friendship to the United States, and the sums of mo- 

*By Art. 4, of this treaty, the United States delivered to the tribes, ]^ar- 
ties to it, jroods to the value of $20,000, and stipulated for a perpetual an- 
imity of $9,500, payable in goods, rpckoued at lirst cost in the city or placo 
in the United States, where they should be procured. 



hey herein after mentioned, to be paid annually to the Wyaii? 
dot, Shawanee, Munsee, and Delaware nations, have ceded, 
and do hereby cede and relinquish to said United States for- 
ever, all the lands belonging to said United States, Iving east 
of the aforesaid line, bounded southerly and easterly by the 
line establi«;hed by said treaty of Greenville, and northerly 
by the. northernmost part of the forty-first decree of north 
latitude.* 



TREATY OF DETROIT. 

[1 V, L. U, S,p, 414.] 

Articles of a treaty ma Je at Detroit, this seventeenth day of November, ija. 
the year of our Lord one thousand eight hundred and seven, by William 
Hull, 2:overnor of the territory of Michigan, and superintendent of Indian 
affairs, and sole commissioner of the United States, to conclude and sign 
41 treaty or treaties, with the several nations of Indians northwest of the 
river Ohio, on the one part, and the sachems, chiefs and warriors of the 
Ottawa, Chippewa, Wyandot and Pottawatima natioBs of Indians, on 
the other part. 

Art. 1. The sachems, chiefs and warriors, of the nations Boundaries of 
aforesaid, in consideration of money and goods, to be paid to the lands ceiil^ 
the said nations, by the government of the United States, as ^*^* 
hereafter stipulated, do hereby agree to cede, and forever 
quit claim, and do, in behalf of their nations, hereby cede^ 
relinquish, and forever quit claim, unto the said United States, 
all right, title, and interest, which the said nations now have, 
or claim, or ever had, or claimed, in, or unto, the lands com- 
prehended within the following described lines and bounda- 
ries: beginning at the mouth of the Miami river of the lakes, 
and running thence up the middle thereof, to the mouth of the 
great Auglaize river; thence running due north, until it in- 
tersects a parallel of latitude, to be drawn from the outlet of 
Lake Huron, which forms the river Sinclair; thence running 
northeast, the course that may be found will lead in a di- 
rect line to White Rock, in Lake Huron; thence due east, 
until it intersects the boundary line between the United 
States and Upper Canada, in said lake; thence southwardly, 
following the said boundary line down said lake, through 
river Sinclair, Lake St. Clair, and the river Detroit, into 

*By this treaty $16,000 were paid and a perpetual annuity of $1,000 wa8 
guaranteed to the different tribes, parties to it. The sum of $4,000 was 
secured to the President, in trust for them, by the Connecticut Land Com-!- 
pany and the Proprietors of the half million of acres of land, called Suffer- 
er's Land. The same Company and ProT)rietorP secured to the President 
$-2916.67, to raise an annuity of $175, part of said annuity of $1,000. — 
These were the amounts paid by th« agents of th« Westera Beserve, f#r 
the cessioa ©f tUoir la»ds. 



484 



APPENDIX. 



Lake Erie, to a point due east of the aforesaid Miami river; 
theiice west to tiie place of beginraDg."^ 
Reservations Art. 6. It is distinctly to be understood, for the accommo- 
for theaccora- datioD of the said Indians, that the following tracts of land 
Se^Indians "^^"^^^^i^^- ^^^^ cession aforesaid, shall be, and hereby are, reserv- 
ed to the said Indian nations: one tract of land six miles 
square, on the Miami of Lake Erie, above Roche de.Boeuf, 
to include the village where Tondaganic (or the Dog) now 
5ives. Also, three miles square on the said river, (above the 
twelve miles square ceded to the United States by the treaty 
of Greenville,) including what is called Presque Isle; also, 
four miles square on the Miami bay, including the villages 
where B'leshkcmau and Waugau now Jive; also, three miles 
square on the river Raisin, at a place called Macon, and 
where the river Macon falls into the river Raisin, v/hich 
place is about fourteen miles from' the mouth of said river 
Raisin; also, two sections of one mile square each, on the 
river Rouge, at Seginsavin's village ; also, two sections of one 
mile square each, at Tonquish's village, near the river Rouge ; 
also, three miles square on Lake St. Clair, above the river 
Huron, to include Machonee's village ; also, six sections, each 
section containing ore mile square, within the cession afore- 
said, in such situations as the said Indian's shall elect, subject, 
however, to the approbation of the President of the United 
States, as to the places of location. It is further understood 
and agreed, that whenever the reservations cannot conve- 
niently be laid out in, squares, they shall be laid out in paral- 
lelograms, or ether figures, as found most practicable and 
convenient, so as to contain the areaspecilied in miles; and 
in all cases they are to be located in such manner, and in 
such situations, as not to interfere with any improvemicnts of 
the French or other white people, or any former cessions. 



TREATY OF BROWNSTOWN. 
[Mveinber 25, 1808, 1 v. L. U, S. p. 417.] 

Articles of a ti'eaty made and concluded at Brownstown, in the territory 
of Michigan, between William Hull, governor of the said territory, super- 
intendent of Indian affairs, and commissioner plenipotentiary of the 
United States of America, fW concluding any treaty or treaties, which 
may bo found necessary, with any of the Indian tribes northwest of the 
river Ohio, of the one part, and tlic sachcrns, chiefs, and warriors, of the 
Chippewa, Ottawa, Pattawatima, Wyandot, and Shawanee nations of 
Indians, of the other part. 

. , , , Art. 2. The several nations of Indians aforesaid, in order 
forroads» ^^ promote the object mentioned in the preceding ar'icle, 

*This treaty stipulated the payment of <^1 0,000 in goods, &;c. and of a 
perpetual annuity cf |;2,400. Th» United States agreed to furnish two 
blacksmiths for ten years^. 



APPENDIX. 485 

and In consideration of the friendship tliey bear towards the 
United States, for the liberal and benevolent policy which 
has been practised towards theni by the government thereof, 
do hereby give, grant, and cede, unto the said United States, 
a tract of land for a road, of one hundred and twenty feet in 
width, from the foot of the rapids of the river Miami of Lake 
Erie to the v/estern hne of the Conrecticut Reserve, and all 
the kmd within one mile of the said road, on each side 
thereof, for the purpose of establishing settlements along the 
same; also, a tract of lancl, for a road onl}^, of one hundred 
and twenty feet in width, to run southwardly from what is 
called Lower Sandusky, to the boundary line established by 
the treaty of Greenville, with the privilege of taking, at all 
times^'such timber and other materials from the adjacent 
lands, as may be necessary for making and keeping in repair 
the said road, with the bridges that may be required along 
the sam^. 

Art. 3. It is agreed, that the lines embracing the lands Lines how t« 
given and ceded by the preceding article, shall be run im"^^^""- 
such directions as may ne thought most adviseable by the 
President of the United States, for the purposes aforesaid. 



TREATY OF THE FOOT OF THE RAPIDS OF THE MIAMI 
OF THE LAKE. 

[September 29, 1817, 2 sess, 15 Cong, Appendix JVo. 1.] 

Articles of a treaty made and concJudcd, at the foot of the Rapids of th^ 
Miami of Laku Erie, betAveea I-iBwis Cass and Duncan M'Arthnr, com- 
missioners of the United States, with full power and authority to hold 
conferences and conclude and sign a treaty or treaties with all or any of 
the tribes or nations of Indians within the boundariesof the state of Ohio, 
of atxl concerning all matters interesting to the United States and the 
gaid nations of Indians, on the one part; and the sachems, chiefs and 
warriors, of the Wyandot, Seneca, Delaware, Shawanee, Pottawatiraa^ 
OttaAva and Chippewa, tribes of Indians. 

Art. 1. The Wyandot tribe of Indians, in consideration Cessioii of 
of the stipulations herein made on the part of the United ^^"^^ Y ?* 
States, do hereby forever cede to the United States the lands ^^^ 
comprehended within the following lines and boundaries: be- 
ginning at a ytoint on the southern shore of Lake Erie, where 
the present Indian boundary line intersects the same, between 
the mouth of Sandusky bay and the mouth of Portage river; 
thence running south with said line, to the line established 
in the year one thousand seven hundred and ninety-five, by 
the treaty of Greenville, which runs from the crossing plnce 
above fort Lawrence to Loromie's store; thence westerly, 
with the last mentioned line, to the eastern line of the re* 
serve at Loromie's store ; thence with the lines of said reserve 



486 APPENDIX. • 

north and \yest, to the northwestern corner thereof; thenca 
to the northwestern corner -of the reservie on the river St* 
Mary's, at the head of the navigable waters thereof; thence 
east to the western bank of the St.. Mary's river aforesaid; 
thence down on the western bank of the said river, to the re- 
serve at fort Wayne; thence with the hnes of the last men- 
tioned reserve, easterly and northerly, to the north bank of 
the river Miami of Lake Erie ; thence down on the north bank 
of the said river, to the western line of the liind .ceded to the 
United States by the treaty of Detroit, in the year one thou- 
sand eight hundred and seven; thence with the said line* 
south, to the middle of said Miami river, opposite the mouth 
of the Great Auglaize river; thence down the middle of said 
Miami river, and easterly w^ith the lines of the tract ceded to 
the United States by the treaty of Detroit aforesaid, so far 
that a south line will strike the place of beginning. 
Cession of ^^^T. 2. The Pottawatima, Ottaw^a and Chippewa tribes 

lands by the of Indians, in consideration of the stipulations herein made 
Fattawati- on the part of the United States, do hereby forever cede to 
and^Ghippe-^^ ^^^^ United States the land -comprehended within the follow- 
was. ing lines and boundaries: beginning where the western line 

of the state of Ohio crosses the river Miamj of Lake Erie, 
which is about twenty-one miles above; the mouth of the Great 
Auglaize river; thence down the middle of the said Miami 
river, to a point north of the mouth of the Great Auglaize 
river; thence with the western line of the land ceded to the 
United Stales by the treaty of Detroit, 'in one thousand 
eight hundred and seven, north forty-five miles; thence, 
west,' so far that a line south will strike the place of begin- 
ning, thence, south, to the place of beginning. 
Other tribes ^^^' ^' "^^^^^ Wyandot, Seneca, Delaware, Shawanee^ 
accede. Pottawatima, Ottav/a and Chippew^a, tribes of Indians ac- 

cede to the cessions mentioned in the two preceding arti- 
cles."^ 
Grants in fee Art. 6. The United States agree to grant, by patent, in 
totheWyan- fee simple, to Doanquod, How^oner, Rontondee, Tauyau, . 
dots. Rontayau, Dawatont, Manocue, Taujaudautauson and Hau- 

• *By this treaty the United States stipulated to pay the Wyandots a per- 
petual annuity of $4,000; to the Senecas |500; to the Shawanees, 2,000; 
• to the Pattawatimies, annually, for 15 years, ^1,^0; to the Ottawas, annu- 
ally, for 15 years, $1,000; to the Chippewas, annually, for 15 years, $1,000; 
and to the Delawares, $500, but no annuity. 1'he United States also en- 
gaged to erec-t a saw and grist mill, for the use of the Wyandots; andto 
provide and maintain two blacksmiths; one for the use of the Wyandots 
and Senecas; the other for the Indians at Hog creek, &c. 

The United States further agree to pay the sums following for property, 
&c. inji;rcd during the war: — To the Wyandots, $4319 C9; to the Sene^^ 
cas, $:>'?89 24; to Indians at Lewis and Scoutash's towns, $1227 50; 
to the Delawaros, $3956 50; to the representatives of Hembis, $348 50; 
to the Shawanees, $420; and to the Senecas, an additional sum of $219. 
It is also agreed to pay the Shawanees, under the treaty of fort Industry, 
$2,500. By Art. 17, the value of improvements abandoned, was to be 
paid for. 



APPENDIX. 457 

dauuwaugh, chiefs of the Wyandot tribe* and their successors 
in office, chiefs of the said trib.e, for the use of the persons 
and for the purposes mentioned in the annexed schedule, a 
tract of land twelve nniles square, at U])per Sandusky, the cen- 
tre of which shall be the place where Ibrt Ferree stands; and 
also a ttact of one mile square, to be located where the 
chiefs direct, on a cranberry swamps on Broken Sword creek, 
and to be held for the use of the tribe. 

The United States also agree to grant, by patent, in fee sim- Grants to tk« 
pie, to Tahawmadoyaw, captain Harris, Isahownus^w, Jo- ^'^^^^^^^* 
seph Tawgyou, captain Smith, Coffee-house, Running About, 
and Wipingstick, chiefs of the Seneca tribe of Indians, and 
their successors in office, chiefs of the said tribe, for the use 
of the persons mentioned in the annexed schedule, a tract of 
land to contain thirty thousand acres, beginning on the San- 
dusky rive/, at the lower corner of the section herein after 
granted to William Spicer; thence, down the said river, on 
the east side, with the meanders thereof at high water mark, 
to a point east of the mouth of Wolf creek; thence, and 
from the beginning, east, so far that a north line will include 
the quantity of thirty thousand acres aforesaid. 

The United States also agree to grant, by patent, in fee ^''^'^^^ *^ the 
Fimple, to Catewekesa or Black Hoof, Byaseka or Wolf, ^^^'^''''^'• 
Pomthe or Walker, Shemenetoo or Big Snake, Othawake- 
seka or Yellow Feather, Chakalowah or the Tail's End, Pem- 
thala or John Perry, Wabepee or White Colour, chiefs of 
the Shawanee tribe, residing at Wapaghkonetta, aild their 
successors in office, chiefs of the said tribe, residing there, 
for the use of the persons mentioned in the annexed schedule, 
a tract of land ten miles square, the centre of which shall be 
the council house at Wapaghkonetta. 

The United States also a^ree to grant, by patent, in fee Grants to the 
simple, to Peeththa or Falling Tree and to Onowaskemo or g'^^'^^"^^^^^^°° 
the Resolute Man, chiefs of the Shavfanee tribes, residing on 
Hog Creek, and their successors in office, chiefs of the said 
tribe, residing there, for the use of the persons mentioned in 
the annexed schedule, a tract of land containing twenty-five 
square miles, which is to join the tract granted at Wapaugh- 
konetta, and to include tlie Shawanee settlement on Hog 
Creek, and to be laid off as nearly as possible in a square 
form. 

The United States also agree to grant, by patent, in fee Grant to the 
simple, to Quatawape or captain Lewis, Shekaghkela or ^^^^"^^^ ^"^ 
Turtle, Skilowa or Robin, chiefs of the Shawanee tribe ofLewrstown. 
Indians residing at Lewistown, and to Mesomea or Civil John, 
Wawkawuxsheno or the White Man, Oquasheno or Joe, and 
Willaquasheno or When you are tired sit down, cliiefs of the 
Seneca tribe of Indians, residing at Lewistown, and to their 
successors in office, chiefs of the said Shawanee and Seneca 
tribes, for the use of the persons mentioned in the annexed 



48 S APPENDIX. 

scliedule, a tract of land to contain forty-eight square miles, 
to begin at the intersection of the line run by Charles Ro- 
berts, in the year one thousand eight hundred and twelve, 
from the source of the Little Miami river to the source of the 
Scioto river, in pursuance of instructions from the commis- 
sioners appointed on the part of the United States, to estab- 
lish the western boundary of the Virginia Military Re.serva- 
tion, with the Indian boundary line established by the treaty 
of Greenville, in one thousand seven hundred and ninety-five, 
from the crossings above fort Lawrence to Loromie's store, 
and to run from such intersection, northerly, with the first 
mentioned line, and westerly, with the second mentioned line, 
so as to include the quantity as nearly in a square form as 
practicable, after excluding the section of land herein after 
granted to Nancy Stewart. 
Reservations Theresliall also be reserved for the use of the Ottawa In- 
fer the Otta- dians, but not granted to them, a tract of land on Blanchard's 
^^^* fork of the Great Auglaize river, to contain five miles square, 

the centre of which tract is to be where the old trace crosses 
the said fork, and one other tract to contain three miles 
square, on the Little Auglaize river, to include Oquanoxa's 
village. • 

Power to con- Art. 7. And the said chiefs or their successors may, at any 
Tey and make time they may think proper, convey to either of the persons 
j>arti ion. mentioned in the said- schedule, or his heirs, the quantity se- 
cured thereby to him, or may refuse so to do. But the use 
of the said land shall be in the said person; and after the 
share of any person is conrveyed by the chiefs to him, he may 
convey the same to any person whatever. And any ohe en- 
iitled by the said schedule to a portion of the said land, may, 
at any time convey the same to any person, by obtaining the 
approbation of the President of the United States, or of the 
person appointed by him to give such approbation. And 
the agent of the United' States shall make an equitable par- 
tition of the said share when conveyed. 
Fiivate erants ^^^' ^' -^^ ^^^^ special request of the said Indians, the 
United States agree to grant, by patent, in fee simple, to the 
persons herein after mentioned, all of whom are connected 
with the said Indians, by blood or adoption, the tracts of land 
herein described: 
Elizabeth To EHzabeth Whitaker, who was taken prisoner by the 

Whitaker. Wyandots, and has ever since lived among them, twelve hun- 
dred and eighty acres of land, on the west side of the San- 
dusky river, below Croghansville, to be laid offin a square 
form, as nearly as the meanders of the said river will admit, 
and to run an -equal distance above anci below the house in 
which the said Elizabeth Whitaker now lives. 

^ , , . To P».obert Armstrong?-, who was taken prisoner bv the In- 

Kobert Arm- ,. , , . ^\. , .i i i " • j 

fftron^. dians, and has ever since lived among them, and has married 

a Wyandot woman, one section, to contain six hundred and 



APPENDIX. A29 

ihtty acres of land, on the west side of the Sandusky river, to 
begin at the place called Camp Ball, and to ru'i up the river, 
with the meanders thereof, one hundred and sixtv poles, and 
from the beginning, down the river, with the meanders th.ere- 
of, one hundred and sixty poles, and from the extremity of 
these lines west for quantity. 

To the children of the late William M'Colloclr, who vvas T'^o children of 
killed in August,- one thousand eight hundred a id t^velve, j '.'^* ^' *^ ^ 
near Maugaugon, and who are quarter-nlood Wyandot In- 
dians, one section, to contain six hundred and. forty acres of 
land, on the west side of the Sanduskv river, adioininor the 
lower line of the tract herebv granted to Robert Armstror^s:, 
and extending in the same manner with and from tne said 
river. 

To John Vanmeter, who was taken prisoner by the Wyan- Vanraeter andT 
dots, and who has ever si'ice lived nmorig them, and has mar- ^y^ wife's bro- 
ried a Seneca woman, and to his wife's three brothers, Svje- 
cas, who now reside on Honey creek, one thousand acr-.^s of 
land,' to begin north, forty-five degrees west, one hnndre<] and 
forty poles from the house in which the said Johi V.iiune- 
ter now lives, and to run thence, sout^i, three hundred a::'d 
twenty poles, thence, and from the beginning, east for quan- 
tity. 

To Sarah Williams, Joseph Williams, and Rachel Nugent, S. and J. Wii 
late Rachel Williams, the said Sarah having been taken jj^'"^ ^ '^ ^' 
prisoner by the Indians, and ever since lived among them, ^^^^ ° 
and being the widow, and the said Joseph and Rachel be- 
ing the children, of the late Isaac Williams,, a half-blood Wy- 
andot, one quarter section of land, to obtain one hundred 
and sixty acres, on the east side of the Sandusky river, below 
Crog'iansville, and to include their improvements at a place 
called Negro Point. 

To Catharine Walker, a Wyandot woman, and to John R. C. Walker 
Walker, her son, who was wounded in the service of the^^^^o"- 
United States, at the battle of Maugaugon, in one thousand 
eight hundred and twelve, a section of six hundred and forty 
acres of land each, to begin at the north-western corner of 
the tract hereby gr?^nted to John Vanmeter and his wife's 
brothers, and to run with the line thereof, south three hundred 
and twenty poles, thence, and from the beginning, west for 
quantity. 

To William Spicer, who was taken prisoner by the In- W. Spicer, 
dians, and has ever since lived among them, and has married 

Seneca woman, a section of land, to contain six hundred 
and fortv acres, beginning on the east bank of the Sandusky 
river, forty poles below the lower corner of said Spicer's 
cornfield, thence, up the river on the east side, with the me- 
anders thereof, one mile, thence, and from the beginning 
«^ast for quantity. 

3 O 



4'90 APPEK0IX'. 

Nancy Stc^- To Nancy Stewart, daughter of the late Shawanee chief 
®^^' Blue Jacket, one section of land, to contain six hundred and 

forty acres, on the Great Miami river below Lewistown, to 
include her present improVenjents, three quarters of the said 
section to be on the south-east side of the river, and one quar- 
ter on the north-west side thereof. 
Ttie children To the children of the late Shawanee chief captain Logan, 
ofcftDtainLo-orSpamagelabe, who fell in the service of the United States 
S^^' during the late war, one section of land, to contain six hun- 

dred and forty acres, on the east side of the Great Auglaize 
river, adjoining the lower line of the grant of ten miles at 
Wapaglikonctta and the said river. 
Anthony To Anthony Shane, a half-blood Ottawa Indian, one sec- 

Shane, tion of land, to contain six hundred and forty acres, on the 

east side of the river St. Mary's, and to begin opposite the 
house in which said Shane now lives, thence, up the river, 
with the lYieanders thereof, one hundred and sixty poles, and 
from the beginning down the river, with "the meanders there- 
of, one hundred and sixty poles, and from the extremity of 
the said lines east for quantity. 
J. M'Pherson. To James M'Pherson, who was taken prisoner by the In- 
dians, and has ever since lived among them, one sectioi> of 
land, to contain six hundred and forty acres, in a square form, 
adjoining the northern or western line of the grant of forty- 
eight miles at Lewistown, at such place as he* may think pro- 
per to locate the sfime. ■ 
The Cherokee To Horonu or tlie Cherokee Boy, a Wyandot chief, a sec- 
Boy, tion of land, to eoDtaiii six hundred and forty acres, on the 
Sandusky river,> to be laid off in a square form, and to include 
his improvements*. 
A. D. and R, To x41exander D. Godfroy and Richard'Godfroy,- adopted 
Godfrey. children of the Pottawatima tribe, and at their special re- 
quest, one section of land, to contain six hundred and forty 
acres, in the tract of country herein ceded to the United 
States by the Pottawatima, Ottawa and Chippev.a tribes, to 
be located by them, the said Alexander and Richard, after 
the said tract shall have been surveyed. 
Yellow Hair. '^^ Sawendebans, or the Yellow Hair, or Peter Minor, an 
adapted son of Tondaganie, or the Dog, and at the special 
request of the Ottawas, out of the tract reserved by the treaty 
of Detriot, in one thousand eight hundred and seven, above 
Roche de Boeuf, at the village of the said Dog, a section of 
land, to contain six hundred and forty acres, to be located in 
a square form, on the north side of the Miami, at the Wolf 
Rapid. 
Grants free ^^^^' ^^' '^^^^ tracts of land herein granted to the chiefs^ 
fromtai^es. for the use of the Wyandot, Shawanee, Seneca and Dela- 
ware Indians, and the reserve for the Ottawa Indians, shall 
not be hablc to taxes of any kind so long as such land con- 
tinues the property of the said Indians. 



APPENDIX. * 491 

Art. 18. The Delaware tribe of Indians, in consideration The Dela- 
oF the stipulations herein made on the part of tiie United ^^J!'^^^^'^^ ^ 
States, do hereby forever cede to the United States all the 
claim which they have to the thirteen sections of land reserv- 
ed for the use oi certain persons of their tribe, by the second 
section of the act of Congress, passed March the third, one 
thousand eight hundred and seven, providing for the diposal of 
the land of the United States between the Urlted States' Mili- 
tary Tract and the Connecticut Reserve, and the lands of the 
United States between the Chicinnati and Vhicennes districts. 

Art. 19. The United States agree to grant, by patent, in Grant to T^ 
fee simple, to Zeeshawan or James Armstror>g.,and to Sanon-^^"^^ • ^^'^^ 
doyourayquaw or Silas Armstrong, chiefs of the Delaware In- 
dians, living on the Sandu?ky waters, and their successors in 
office, chiefs of the said tribe, for the use of the persons men- 
tioned in the annexed .schedule,, in the same manner, and 
subject to the same conditions, provisions and limitations, as is 
herein before provided for the lands granted to the Wyandot, 
Seneca and Shawanee Indians, a tract of land, to contain nine 
square miles, to join the tract granted to the Wyandots of 
twelve miles square, to be laid off as nearly in a square form 
as practicable, and to include captain Pipe's village. 

Art. 20. The United States also agree to grant, by pa- Grant to Ot 
tent, to the chiefs of the Ottawa tribe of Indians, for the use ^^^^as. 
of the said tribe, a tract of land, to contain thirty-four square 
miles, to be laid out as nearly in a square form as practica- 
ble, not interfering with the lines of the tracts reserved by 
the treaty of Greenville on the south side of the Miami river 
of Lake Erie, and to include Tushquegan, or M'Carty's vil- 
lage; wnich tracts, thus granted, shall be held by the said 
tribe, upon the usual conditions of In-dian reservations, as 
though no patent were issued. 



A TREATY SUPPLEMENTARY TO TIIE TREATY OF THE 
FOOT OF THE MIAMI OF THE LAKE. 

[September 17, 1818, 2 sess.Xb Congress^ Appendix J\o. 2.] 

Articles of a treaty made and concluded, at St. Mary's in the state of Ohio, 
between Lewis Cass and Duncan M'Arthur, commissioners of the United 
States, with full power and authority to hold conferences, and conclude . 
and si^n a treaty or treaties, with all or any of the tribes or nations of 
Indians within the boundaries of the state of Ohio, of and 'concerning all 
matters interesting to the United States and the said nations of Indians, 
and the sachems, chiefs and warriors of the Wyandot, Seneca, Shawanec 
an i Ottawa tribes of Indians ; boinu' suoidcm'entary to the treaty made and 
concliidod wdth the said tribes, and the Delaware, Pattawatima and Chip- 
pewa tribes of Indians, at the foot of the Rapids of the Miami of Lake 
Erie, on the twenty-ninth day of September, in the year of our Lord one 
thousand eight hundred and seventeen. 

Art. 1. It is agreed, between the United States and the Grants ia orU 
parties hereunto, that the several tracts of land, described ^^ai^r*^«^y*^ 



492 APPENDIX. 

be considered in the treaty to which this is supplementary, and agreed 
reservatioas. thereby to i)e granted by the United States to th6 chiefs- of 
the respective tribes ramed therein, for the use of the indi- 
viduals of the said tr':H:i&, aijd also the tract described in the 
tue 'leth article of.the said treaty, shall not be thus granted, 
but ;i;all be excepted from the cession made by the said tribes 
to the (Jdted States, reserved for the use of the said Indians, 
ard 5ie]d by ti\em in the same manner as Indian reservations 
have been neretoiore held. But [it] is further agreed, lliat 
the tracts thus reserved shall he reserved for the use of the 
Indians named in ttie schedule to the said treaty, and li'eld 
by them and their heirs forever, unless ceded to the United 
States. . 

Additional re- Art. 2. It is also agreed that there shallbe reserved for 
servatiois to the use of the Wvandots, in addition to. the reservations be- 
"Wjandots. fore made, fifty-five tsousai d six hundred and eighty acres, 
of land, to be laid off in two trcicts, the first to adjoin the 
south line of the section of six hundred and forty acres of 
la::d iteretofore reserved for the Wyandot, chief, the Chero- 
kee Boy, and to exterd south to the north line of the reserve 
of twelve miles square, at Upper Sandusky, and the otie.r 
to join the east line of the reserve of twelve miles square, at 
Upper Sandusky, and to exterd east for quantity. 
Reservation There shall also be reserved, for the use of the Wyandots 
at Solomon's residing at Solomon's town, and on Blanchard's fork, in ad- 
town, dition to the reserv^aticns before made, sixteen thousand 
acres of land, to be laid ofl m a square form, on the head of 
Blanchard's Ibrk, the ceitre of which shall be at the Big 
Spring, on the trace leading from Upper Sandusky to fort 
Findlay; and one hui>dred and sixty \acres of land, for the 
use of the Wyandots, on the west side of the Sandusky river, 
adjoining the said river, and the lower line of two sections 
of land, agreed, by th^e treaty to which this is supplementary^ 
to be granted to Elizabeth Whitaker. 
A.dditional re- There shall also be reserved, for the use of the Shawanees, 
servatioMs for i'^ addition to the reservations before made, twelve thousand 
theShawa- eight hundred acres of land, to he laid off adjoining the east 
Dees, &c. jjjjp ^f their reserve of ten miles square, at Wapaghkonetta, 
and for the use of the Shawai ees and S.ei^ecas. eight thou- 
sand nine hundred and sixty acres of land, to he laid off ad- 
joining the west line of the reserve of forty-eight square 
miles at Lewistown, And the last reserve hereby mr.de, 
and t^ e former reserve at the sime place, sl^all he ecu- liy 
divided by an east and west line, to be draw, through the 
same. And the uortn half of the said tract shall he' reserved 
for the use of the Serecns who reside tfierc, aid the south 
half for the use of tlje Shawai ees who reside there. 

There shall also be reserved for <he we of the Senecas, in 
iorThrScnc- ^^^^^'^'^^ to the n^ervalions before mad^ ten thcuv^ard acres 
«jas- ' " of land, to be laid olf on the east side of the Sandusky river. 



APPENDIX. 



493 



adjoining the south line of their reservation of thirty thon- 
saiid acres of land, which begins on the Sandusky river, at 
the louver corner of WiUiam Spicer's section, a;nd excluding 
therefrom the said WilUam Spicer's section. 

Art. 3. It is hereby agreed that the tracts of land, which Lands grant? 
hy .the eighth article of the treaty to which this is supple- ^^"°*^^*J.^® 
mentary, are to be granted by the United States to the per-^^ith^utper^ 
sons therein mentioned, shall never be conveyed, by them or mission, 
their heirs, without the permission of the President of the 
United States.* 



[Act of May 265 1824, 1 sess. 18 Congress^ p. 128] 

An act reserving to the Wyandot tribe of Indians a certain tract of Igiiid^ 
in lieu of a reservation made to them by treaty. 

Sec. 1. That there be, and hereby is, reserved, for the Reservation t« 
use of the chiefs and tribe of Wyandot Indians, subject to the Indians 
the conditions and limations of the former reservation, the "P'^^ ^^^'^^^^ 
northeast quarter of section numbered two, in township two, 
and range seventeen, south of the base line, of land, in the 
Delaware Land District, in the state of Ohio, in lieu of one 
hundred and sixty acres of land, on the west side of, and 
adjoining, the Sandusky River; and which was reserved, to 
said tribe of Indians, by a supplementary treaty between the 
United States and certain tribes of Indians, held at St. 
Mary's, in the state of Ohio, on the seventeenth day of Sep- 
tember, eighteen hundred and eighteen; on condition that 
the chiefs of said Wyandot tribe first relinquish to the Unit- 
ed States all the right, title, and claim, of said tribe, to the 
one hundred and sixty acres of land reserved by said supple- 
mentary treaty. 

*By this supplement, an additional annuity is given to the Wyandots of 
$500, forever; to the Shawanees, &c. $1,000; to the Senecas $500; and 
to th.o Ottawas $1,500. 



Conntte^. 



[Sv. L. 0. j9. 153.]. 

ftofclamations for the establishment of counties under the territoii^l 

. ' government.* 

• July 27th, 1788. 

Boundaries of Beginning on the bank of the Ohio river,. where the 
Y/ashington. western boundary line of Pennsylyania crosses it, and rua- 
ning wyith that line to Lake Erie; thence along the south- 
ern shore of said lake, to the mouth of Cuyahoga river j 
thence up said river to the portage between it and the Tus- 
carawas branch of Muskingum; thence down that branch to 
the forks at the crossing place above fort Lawrence ; thence 
w ith a line to be drawn westerly to the portage, on that 
branch of the Big Miami on which the fort stood that was 
taken by the French in 1752, until it meets the road from 
the lower Shawanees town to Sandusky; thence south to the 
'^ Scioto river ; thence with that river to the mouth ; and thence 
up the Ohio river to the place of beginning. . 
January 2d, 1790. 
Boundaries of Beginning on the bank of the Ohio river, at the contlu- 
Hamilton. . ence of the Little Miami, and down the said Ohio river to 
the month of the Big Miami, and up said Miami to the 
standing stone forks or branch of said river, and thence 
with a line to be drawn due east, to the Little Miami, and 
down said Little Miami to the place of beginning. 
August ]5th, 1796. 
Boundaries of Beginning at the mouth of the Cuyahoga river, upon Lake 
■VVayne. Erie, and with the said river to the portage between it and 
the Tuscarawas branch of the Muskirgum; thence down the 
said branch to the forks at the carrying place above fort 
Lawrence; thence by a. west line to the easten boundary of 
Hamilton county, (which is a due north line from the lower 
Shawanees town upon the Scioto river) thei ce by a line 
west northerly to the southern part of the portage, between 
the Miamis of the Ohio and the St. Mary's river;' thence by 
a line also v/est northerly to the southwestern part of the 
portage, between the Wabash and the Miamis of Lake Erie, 

*'Thesc were published by virtue of a resolution of the General Aspeiably, 
«f J-iebruary 3, 1807— See 5 v. p. 146. 



APPE?fDtS. 49-5 

where fort Wayne now stands ; thence hy a line west north- 
erly, to the most southern part of Lake Michigan; thence 
along the western shores of the same, to the northwest part 
thereof, (including the lands upon the streams emptying into 
the said lake); thence by a due north line to the territorial 
boundary in Lake Superior, and with the said baundary 
through Lakes Huron, Sinclair and Erie, to the mouth of 
Cuyahoga i:iver, the. place of heginninc:. 
July 10, 1797. 
Beginning upon the Ohio river, at the upper boundary of that Boundaries o? 
tract of twenty-four thousand acres of land, granted unto the Adara?. 
French inhabitants of Galliopplis, by an act of the Congress 
of the United States, bearing date the third of March, 1795; 
thence down the said Ohio river, to the mouth of Elk river, 
(generally known by the name of Eagle creek) and up with the 
principal water of the said Elk river or Eagle creek to its 
source or head; thenCe by a due north line, to the southern 
boundary of Wayne county, and easterly along said boundary, ^ 

so far that a due south line shall meet the interior point of the 
upper boundary of the aforesaid tract of land of twenty-four 
thousand acres, and with the said boundary to the place of 
beginning. 

July 29, 1797. 

Beginning upon the bank of the Ohio- river, where the^o""^^"es oi 
western boundary of Pennsylvania crosses it, and down the J<^^'^^^^"- 
said river to the southern boundary of the fourth township 
in the third range, (of those seven ranges of townships that 
were surveyed in conformity to tlie ordinance of Congress of 
the 20th of May, 1785,) and with the said southern boundary 
west, to the southwest corner o{ the sixth township of the fifth 
range ; thence north, 'along the western boundary of the said 
fifth range, to the termination thereof: thence due west, to the 
Muskingum river, and up the same to and with the portage, 
between it and the Cuyahoga river; thence down Cuyahoga, 
to Lake Erie; thence easterly, along the shores of the lake, 
to the western boundary of Pennsylvania, and south with 
the same, to the place of beginning. 
June 22, 1798. 

The western boundary of the county of Hamilton, shall Boundaries ©e 
begin at the spot on the bank of the Ohio river, where the^™^^*^°"' 
general boundary line between the lands of the United Kn^x"altRre4. 
States and the Indian tribes," established at Greenville, the 
third day of August, 1795, intersects the bank of that river, 
and run with that general boundary line to fort Recovery, 
and from thence by a line to be drawn due north from fort 
Recovery, until it intersects the southern boundary line of 
the county of Wayne and the said line from the Ohio to fort 
Recovery, and from thence to the southern boundary of the 
eounty of Wayne, shall also be the eastern boundary of the 
cpunty ©f Knox. 



49& APPENDIX* 

August ^0, 1738. 
Beginning at the fortv-second mile tree, on the line of the 
original grant of Ifind by the United States to the Ohio Com* 
pany, which line vvas run by Israel Ludlow, and runmng 
from thence west, until it shall intersect a line to he drawn 
due north froin the mouth of Elk river, (commonly called 
Boundaries of ^^?^^ creek) and from the point of intersection running north, 
Koss. to the southern bouridary of the cour.ty of Waj^ne, and from 

thence easterly with the said boundary of Wayne, until a 
north line to be drawn from the place of beginning, shall in- 
tersect the same ; and if it should be found that a north line 
drawn from the place of beginning, will not intersect the 
said southern boundary of Wayne, then an east line is to be 
drawn from the eastern termination of the said boundaiy, 
until it shall intersect the aforesaid north line to be drawn 
from the place of beginning. 

August ^Oth, 11 9Q — took effect September, 

^ To begin on the bank of the Ohio, where Elk river or 

to^n attached ' ■'^-S^^ creek, empties into the same, and run from thence due 

to Adams. north, until it intersects the southern boundary of the county 

of Ross; and all and singular the lards lying between the 

said north line and Elk river or Eagle creek, shall, after the 

said day of September next, be separated from the 

county of Hamilton, and added to the county cf Adams. 

July lOth^ 1800. ; • 

Boundaries of beginning at the completion of the forty-first degree of north 

Trumbull. latitude, one hundred and twenty miles west of the western 

boundary of P<3nnsylvaria, and running from the; ce by a line 

to be drawn north parallel to and one hundred and twenty 

miles west of the said west line of Pennsylvania, and to con- 

tirue north until it comes to forty-two degrees two minutes 

north latitude; thence with a line to be drawn east, until it 

intersects the said western boundary of Pennsylvania; thei ce 

with the said Mestern boundary of Pennsylvania south, to the 

completion of the forty-first degree of north latitude, and 

from thence west to the place of beginning. 

December 6-, 1800. 

Beginning at the mouth of Nine mile or Muddy creek, 

ctermontr ^ where it discharges itself into the Ohio, and running from 

thence with a straight line, to the mouth of the east branch 

of the Little Miami river; thence with the Little Miami 

river, to the mouth of O'Banion's creek; thence with a due 

east line, urtil it shall intersect a line drawn due north from 

the mouth of Elk river or Eagle creek; thence with that 

lire south, to the mouth of the said Elk river or Eagle creek, 

and from thence with the Ohio, to the place of beginning. 

December 9, 1800. 

r> A ' f Bejrinni'^o; at a point in the east line of the 15th ranere of 
Boundaries of ^ ^. ^ , ^ /- .i r , ^i. j • 

yairfield. tow^.s'^-ips, n'^o v:e'?t of the fourteenth range, as surveyed in 

pursuance of the ordinance of Congress of the 20th of May, 



APPENDIX- 4.97 

1795, where the said line intersects the south boundary line 
of the mihtary land, and running from therxe north, until it 
intersects the Indian boundary line; thence returning to the 
before mentioned, and running south by the said range line 
between the 14th and 15th ranges, until it intersects the 
north boundary line of the Ohio Company's Purchase; 
thence with the said northern boundary line due west, to 
the northwest corner of the said Ohio Company's Purchase; 
thence south, six miles; thence with a line drawn due west, 
until it intersects the western boundary of the 20th range of 
townships; thence with the western boundary of the said 
20th range, to the before mentioned Indian boundary line, 
and with that line of limit to the before mentioned intersec- 
tion of that boundary line. 

September 7, 1801. 

Beginning on the Ohio river, at the middle of the fourth Boundaries of 
township of the second range of townships, in the seven Belmont-„ 
ranges, and running with the line between the third and 
fourth sections of that township north, to the western boun- 
dary of the said seven ranges; thence south with the said 
western boundary, to the middle of the fifth township, in the 
seventh range of townships; thence east with the line be- 
tween the third and fourth sections of the said fifth township, 
to the Ohio river; and from thence with the Ohio river to the 
place of beginning. 

Jamianjol, 1807, 5v,p, 104. 

Sec. 1. That all that part of the seventh range of town-pj^j.^Ql-^jjg^, 
ships, surveyed under the authority of the United States, venth range 
which lies west of the western boundary of the county of attached to 
Jefferson, be, and the same is hereby, attached to and made '^^^*^^^°"* 
a part of, the county of Jefferson; and all officers of the county 
of Jefferson or elsewhere, are hereby required to govern 
themselves accordingly. 

February 20, 1809, 7 r. p, 143. 

Sec 1. That all that part of the county of Ashtabula, Part of Ashta,'- 
w^hich lies south of the township number nine, be annexed ^"^^^^*^^^^^5 
to, and become a part of Trumbull county. 

February 10, 1814, 12 r. ;?. 146. 

Sec. 1. That all that part of the county of Washington,?art of Wash- 
contained in the sections numbers thirty-one and thirty-two, ^'JfJ^'^^IJ^f^ 
in the sixth township, in the eleventh range, in the Ohio Com- &c. 
pany's Purchase, shall be attached to and become a part of 
the county of Athens, and all that part of the county of 
Athens, contained in sections numbers eleven and twelve in 
the eighth township and twelfth range shall be attached to 
and become a part of the county of Washington. 

March 24, 1803— ioo^ effect May 1, 1 x). ;?. 8. 

Sec 1. That all that tract of country comprehended in Boundaries of 
the following boundaries, be, and the same is hereby, erect- Sciote. 
ed into a countv by the narpe of the county of Scioto, to 

3 f 



49$ APPENDIX. 

wit: beginning on the Ohio, one mile on a straiglit line 
below the nnouth of the lower Twin creek; thence north to 
Ross county line ; thence east with said said county line to the 
line of Washington county; thence south with said line to 
the Ohio; thence with the Ohio to the- place of beginning. 
December 29, 1804—3 v, p, 294. 
Part of Gallia Sec. 1, That SO much of the county of Gallia as lies west 
attached to of the seventeenth range of towTiships, be, and the same is 
w^ioto. hereby, annexed to the county of Scioto. 

January 20, I^IS— took effect March 1, 16 r./). 77. 
Part of Law- ^^^* ^* ^^^^^^ ^^^ *^^^^^ P^*'* of the county of Lawrence 
Fence attach- that lies in townships number three and four, in the nine- 
ed to Scioto, teenth range of said county, be, and the same is hereby, 
attached to the county of Scioto. 

March 24, \ SOS— took effect May 1, 1 x. p, 9. 
boundaries of S^^* !• That all that part of the county of Hamilton, in- 
Warreij* eluded within the following bounds, viz: beginning at the 
Bortheast corner of the county of Clermont; running thence 
west with the line of said county to the Little Miami; thence 
up the same, with the meanders thereof, to the north boun- 
dary of the hrst tier of sections in the second entire range of 
townships in the Miami Purchase; thence west to the north- 
east corner of section number seven, in the third township of 
the aforesaid range ; thence north to the Great Miami ; thence 
up the same to the middle of the fifth range of townships; 
thence east to Ross county line; thence with the same south 
to the place of beginning, shall compose one new county, to be 
called and known by the nan^ie of Warren. 
Boundaries of Sec. 2. That all that part of the county of Hamilton in- 
Butler. eluded within the following bounds, viz: beginning at the 

southwest corner of the county of Warren, running thence 
west to the state line ; thence with the same north to a point 
due west from the middle of the fifth range of townships in 
the Miami Purchase; thence east to the northwest corner of 
theaforesaidcounty of Warren; thence bounded by the west 
line of the said county of Warren to the place of beginning. 
Boundaries of Sec. 3. That all that part of the county of Hamilton included 
Montgomery. ^j|^[^jj^ ^j^g following boundaries, viz: beginning on the state 
line, at the northwest comer of the county of Butler; thence 
east with the lines of Butler and Warren, to the east line of 
section number sixteen in the third township and fifth range; 
thence north eighteen miles; thence east two miles; thence 
north to the state line; thence, with the same to the west 
boundary of the state ; thence south with the said boundary 
to the bee^inning, shall compose a third new county, called 
and known by the name of Montgomery. 
Boundaries of ^^^* ^* That all that part of the county of Hamilton and 
Green. Ross included in the following bounds, viz: beginning at the 

soulheait Cjr<MM- of the county of Montgomery; running 
thence east to Ross county line^ and the same coursa cotinii- 



APPENDIX, 49f 

fed eight miles into tlie said county of Ross; thence north to 
the state line: thence westwardiy with the sanne to the east 
iine of Montgomery county; thence bounded by the said line 
of Montgomery to the beginning. 

January 30, 1815 — took effect March 1, 13 r. jo. 109. 

Sec. 1. That all that part of the county of Butler, lying Part of Butlei; 
and being within the first and second fractional townships, in |^J^^^^c^ t<^ 
the fifth range, and adjoining the south line of Montgomery ^^^^^* 
county, shall be, and the same is hereby, attached to and 
made a part of tiie county of Warren. 

March 25, 1803, 1 v. p. 15. 

Sec. 1. That all that part of the counties of Jefferson ^oimdanes ^f 
and Washingtoi^, as comes within the following boundaries, ° ^^ ^^^^^ 
be, and the same is hereby laid oil* and erected into a sepa- 
rate county, which slrall be known by the name of Colum- 
biana: beginning at the mouth of Yellow creek, on the north 
side of the same; thence up said creek, with the meanders 
thereof, to the northern boundary of the eighth township in 
the second range ; thence with the same, west, to the west- 
ern boundary of the seventh range; thence north, to the 
northwest corner of the sixteenth township in the said seventh 
range; thence west, on the south boundary of the ninth 
townships in the eighth and ninth ranges to the Muskingum 
river; thence up the said river, with the meanders thereofj 
to the southern boundary of the county of Trumbull; thence 
with the same east, to the Pennsylvania line; thence with 
the said line south, to the Ohio river; thence down the same, 
with the meanders thereof to the beginning. 

Sec. 2. That from and after the first day of May next, Commemje- 
the said county shall i^e vested w^ith all the powers, privileges naent. 
and immunities of a separate and distinct county. 

March 25, 1803 — took effect May 1, 1 r. j?. 19. 

Sec. 1. That all that part of the county of Washington, Boundaries of 
included within the following boundaries, viz: beginning at^^^^^* 
the mouth of Shade river; thence up the same, with the 
meanders thereof, until it intersects the east and west line 
between the third and fourth townships in the eleventh 
range; thence west with the same to the east boundary of 
Ross county; thence south with the same, to the northeast 
corner of the county of Adams; thence with the easterly 
boundary of the same to the Ohio river; thence up the same, 
with the meanders thereof, to the place of beginning. 
March 30, 1803— /oo^ effect May 1, 1. r. jd. 26. 

Sec. 1 , That all that part of the county of Ross, contained Boundaries oi 
within the following boundaries, to wit: beginning on the ^'^"^^"* 
western boundary of the twentieth range of townships east 
of the Scioto river, at the corner of sections numl)er twenty- 
four and twenty-five, in the ninth township of the twenty 
first range, surveyed by John Matthews; thence west until 
it intersects the eastern boundary line of Green county j 



V 



500 



APPENDIX. 



thence north with the said hne until it intersects the state 
hne; thence eastwardly with the said hre,.to the northwest 
corner of Fail-field county; thence with the western houn- 
dary line of Fairfield to the point of heginning. 
Jamtary 27, 1817, 15 v, p, 169. 
Part of Lick- Sec. 1. That the territory contained within the western 
ino^attached half of the fifth section and'the whole of the sixth section, 
ran m. ^^^ |^ ^^^^ seventh, eighth, ninth, twenty-eighth, twenty- 
ninth and thirtieth, half sections of the sixteenth township, 
twentieth range, (being a part of what is commonly called 
the Canada and Nova Scotia Refugee Lands) in the county of 
Licking, be, and the same is hereby, attached to the county 
of Franklin, and shall form a part of Plain township in said 
county. 

January 7, 1804 — took effect March 1, 2 v, p, 68. 
Botindariee of ^^^' ^' That so much of the counties of Washington and 
Muskingum. Fairfield, as comes within the following boundaries, be, and 
the same is hereby, erected into a separate and distinct 
county, which shall be known by the name of Muskingum, 
to wit: beginning at the northwest corner of the ninth town- 
ship, in the ninth range of Ihe United States Military Lands; 
thence with the western boundary line of said range, south, 
to the southern boundary line of said Military Lands; thence 
with the same, west, to the western boundary line of the 
fifteenth range of public lands; thence with the said line, 
south, to the southwest corner of the sixteenth township of 
the fifteenth range; thence eastwardly with the south boun- 
dary of the sixteenth township, till it intersects the west 
boundary of the twelfth range; thence with the sectional 
lines, east, to the western boundary line of the seventh range ; 
thence with the same, north, to the northeast corner of the 
Military Tract; thence with the north boundary line of the 
tenth township in the first and second ranges of said Military 
Lands, west, until intersected by the Indian boundary lane; 
thence with the same, westwardly, to the place of beginning. 
February 18, 1805^, 3 v. p, 256. 
B undaries of ^^^* ^' That all that part of the counties of Ross, Adams 
Hi'^hland. ^i^d Clermont, within the following boundaries, be, and the 
same is herehy, laid off and erected into a separate county, 
which shall be known by the name of Highland ; beginning 
at the twenty mile tree, in the line between Adams and Cler- 
mont counties, which is run north from the mouth of Eagle 
creek on the Ohio river; and running thence east twelve 
miles; thence northeastwardly until it intersects the line 
which was run between the counties of Ross and Scioto and 
Adams, at the eighteen mile tree from the Scioto river; thence 
northwardly to the mouth of the Rocky fork of Paint creek; 
thence up main Paint creek, by the bed thereof, including 
John Watt's survey of one thousand acres, on which the 
town of Greenfield is situate, to the south line of Franklin 



APPENDIX. C»tH, 

bounty; thence with said hue west to the east line of Green 
county ; thence with said line south, to the southeast corner 
of said county; thence with the south line thereof, west, to 
the northeast corner of Clermont county, and from the be- 
ginning west, to the north fork of Whiteoak creek; thence 
north, to the south line of Warren county; thence with said 
line east to the corner between Clermontand Warren counties. 

Sec. 2. That from and after the first day of May next, Commence- 
said county shall be vested with all the powers, privileges >^^^^- 
and immunities of a separate and distinct county. 

February 20, 1805 — took effect March 1, 3 v, p, 283. 

Sec. 1. That so much of the county of Washington as is Boundaries tff 
contained in the following boundaries, be, and the same is Athens. 
hereby, erected into a separate county, which shall be known 
by the name of Athens, to wit: beginning at the southwest cor- 
ner of township number ten, range seventeen; thence east- 
erly with the line between Gallia and Washington counties, 
to the Ohio river; thence up said river to the mouth of Big 
Hockhocking river; thence up the said Hockhocking river, 
to the east line of township number six, of the twelfth range; 
thence north on said line to the northeast corner of the eighth 
township, in the said twelfth range; thence west, to the east 
line of Fairfield county; tiience south on said county line, and 
the line of Ross county, to the place of beginning. 
February 18, 1807, |'1808] 6 v. p, 149. 

Sec. 1. That all that part of the county of Washington, Part of Wash- 
included within the following boundaries, be, aiiid the same ington attach- 
is hereby," attached to, and made a part of the county of ^^ ^^ Athens. 
Athens, viz: beginning at the mouth of the Great Hock- 
hocking river; thence up the river Ohio, until it intersects 
the line of the fifth township, in the eleventh range; thence 
north on the said line to the corner of said township number 
five; thence west with the township line to the Hockhock- 
ing river; thence up the said river until it intersects the line 
dividing the said counties of Washington and Athens. 

Sec. 2. That all that part of the county of Athens, com-Partof Atheirs 
prised within the following boundaries, be, and the same is attached to 
hereby, attached to, and made part of the county of Wash- ^^shington.- 
ington, viz: beginning at the southeast corner of section 
number four, in the sixth township and twelfth range; thence 
west to the southwest corner of said section; thence north 
with the sectional line, to the north boundary line of Athens 
county; thence east with the township line, to the line of 
Washington county. 

February 20, 1805-/00.1' effect March 1, 3 r. p. 285. 

Sec 1 That so much of the counties of Green and Frank- l^oundaries ol] 
lin, as comes within the following boundaries, be, and the ™P^^»°'' 
same is hereby, erected into a separate and distinct county, 
which shall be known by the name of Champaign, viz: be- 
ginning where the range line between the eighth and ninth 



^m 



APPENDIX, 



rang^es, between the Great and Little Miami intersects the 
casiarn boundary of the county of Montgomery; tiience east 
to the eastern boundary of the county of Green, and to con- 
tinue six miles in the county of Franklin; thence north to 
the state line ; thence west with said line until it intersects 
the said eastern boundary of the county of Montgomery; 
thence to the place of beginning. 

December 31, 1805 — toofc effect March 1,4 v, p. G5. 
Boundaries of Sec. 1. That all that part of the county of Trumbull, ly- 



Geauga, 



' Part of West- 
ern Reserve 
attached to 
Geausra. 



Boundaries of 



Miami. 



Commence- 
ment. 



ing north and east of a line, beginning on the east line i)f 
said county, on the line between townships number eight and 
nine, as known by the survey of said county, and running 
west on the same to the west line of range number five; 
thence south on said west line of range five, to the northwest 
corner of township number five; thence west on the north 
line of township number five, to the middle of Cuyahoga 
river, where the course of the same is northerly; thence up 
the middle of said river, to the intersection of the north line 
of tov>^nship number four; thente west on the said north line 
of township number four, to the west line of range fourteen, 
w^herever the same shall run w^hen the county west of the 
Cuyahoga river, shall be surveyed into townships or tracts 
of five miles square each, and thence north to Lake Erie, 
shall be, and the same is hereby set ojQf and erected into a 
new county, by the name of Geauga. 

February 1 0, 1 807 — took effect June 7, 6 r. p, 4. 

Sec. 6. That all that part of the Connecticut Western Re- 
serve, which lies west of the Cuyahoga river, and north of 
the townships numbered four, shall belong to, and be a part 
of the county of Geauga, until the county of Cuyahoga shall 
be organized. 

January 16, 1807 — took effect March 1, 5 v, p, 94. 

Sec. 1. That all that part of the county of Montgomery be, 
and the same is hereby, laid off and erected into a separate and 
distinct county, w^iich shall be called and known by the name 
of Miami, to wit: beginning at the southwest corner of Cham- 
paign county, and southeast corner of section number one, 
in township number two, and range number nine; thence west 
with the line between the eighth and ninth ranges to the Great 
Miami river, crossing the same in such direction, as to take 
the line on the bank of the said river, between townships 
number three and four, in range number six, west of the 
said river; thence west with the said line to the state line; 
thence north w ith the. same to the Indian boundary line ; 
thence east with the same to Champaigr county line; thence 
south with the said county line to the place of beginning. 

Sec. 2. That from and after the first day of April next, 
said county of Miami shall be vested witli all the powers, 
privileges and immunities of a separate and distinct county. 



AFI'ENDIX. bO$ 

January 1^ 1812, 10 r.;?. 23. 

[Sec. 1.] That all that part of the county of Montgomery Fart ofMonf- 
lying north of tlie county of Miami, shall be, and the same |^™*^^y/^^", 
is hereby attached to the said county of Miami, and all that ami s^c. 
part lying north of the county of Dark, shall be, and the 
same is hereby attached to the said county of Dark. 
Febniary 10, 1 807 — took effect June 7, 6 r. p, 3. 

Sec, 1. That all that part of the county of Trumbull, Boundanes of 
which lies west of the fifth range of townships, be erected Porta-e. 
into a separate county, by the name of Portage. 

Sec. 3. That all that part of the Connecticut Western a certain dis- 
Reserve, that lies west of the Cuyahoga river, and south of trict attached 
the townships numbered five, shall be annexed to, and be- ^® ^^'^^^sc 
come part of the county of Portage. 

January 22, 1 8 1 1 , 9 r. p. 28 . 

Sec. 3. That the west line of the eleventh range of the West line es* 
Connecticut Western Reserve, shall be the west line of the t^^^i^hed. 
county of Portage. 

February 10, 1807 — took effect -June 7, ^v,p, 4. 

Sec 7. That all that part of the county of Geauga, which Boundaries of 
lies west of the ninth range of townships, shall be a distinct Cuyahoga, 
and separate county, by the name of Cuyahoga; to be or- 
ganized, \yhenever its population shall be sufficient to re- 
quire the same. 

January 16, 1810 — took effect May I, S v, p. 34. 

Sec. 1. That the county of Cuyahoga be, and the same Organized. 
13' hereby organized into a separate county. 

January 16, 1810— /ooA: effect May \^Zv,p, 34. 

Sec. 2. That the county of Huron, (as designated by an Huron, &c. 
■act of the legislature, passed the seventh day of February, ^^tached to 
1809,) and also, the lands lying north of township number ^"^^^""^a-. 
four, and west of the fourteenth range of townships, and east 
of said Huron county, sliall be attached to, and be a part of 
the county of Cuyahoga, until the same shall be organized 
into a separate county, or be otherwise disposed of by law. 
January 22, 1811, 9 r.p. 27. 

Sec 1. That the county of Cuyahoga shall extend from Boundaries of 
the southwest corner of number five, in the fourteenth range Cuyahoga al- 
of the Connecticut Western Preserve, to the southwest cor-*^^^*^* 
ner of number five, in the sixteenth range; thence north by 
the west line of the sixteenth range, to the northwest corner 
of number five, in the sixteenth range; thence west to the 
middle of Black river; thence down the middle of said river 
to Lake Erie. 

February 18, 1812, \0 v, p. 122. 

Sec 1. That the west line of Cuyahoga county, shall be Boundaries of 
continued from the northwest corner of number five in the Cuyahoga al-- 
sixteenth range, then north to the northwest corner of num-*^^'^' 
Vr six iA the sixteeptU range, then west to Black river* 



504 APPENDIX* 

Part^^f actr«: Se€. 3. That so much of the act to alter the west line of 
pea e . Cuyahoga, the east line of Huron, and to establish a west 

line to tiie county of Portage, as comes within tiie meaning 
of this act, is hereby repealed. 

February 10, 1807 — -took effect June 7, 6 v, p, 4. 
Boundaries of Sec. 5. That all that part of Trumbull and Geauga coun- 
Ashtabula. ties, which lies north of the townships numbered seven, and 
east of the sixth range of townships, shall be a distinct and 
separate county, by the name of Ashtabula; to be organized, 
whenever its population shall be sufficient to require the 
same. 

January 22, 1811 — took effect Mcy 1, 9 r. p, 42. 
Organized. Sec. 1. That the county of Ashtabula be, and the same 

is hereby organized into a separate courty. 

January 30, 1808— too^ effect March 1, 6 v. p. 21. 
Boundaries of Sec. 1. That all that part of the county of Fairfield, 
Lickmg. within the following boundaries, be, and the same is hereby 
laid off into a separate, county, which bhall be known by the 
name of Licking: beginning at the northeast corner of town- 
ship number seventeen, in range sixteen; thence west, with 
the township line, to the west boundary of the seventeenth 
range; thence south, to the northeast corner of the twenty- 
fourth section, in township seventeen, in the eighteenth 
range; thence west, on the sectional lines, to the west boun- 
dary of the twentieth range; thence north, to the south boun- 
dary of the military tract; thenee east, along the south boun- 
dary of the military tract to the line between the fifteenth 
and sixteenth ranges of the aforesaid Military tract, which 
line shall be the east line of Franklin county; thence north, 
along said range line, to the northwest corner of the fourth 
township of tiie fifteenth range of said lards; thence east, 
along the northern boundary line of the fourth tier of town- 
ships, to the northeast corner of the fourth township, in the 
tenth range; from thence south, along the western boundary 
line of Muskingum county, to the place of beginning. 
January 30, 1 808-^.fooA: effect March 1 , 6 v,p. 22. 
Boundaries of Sec. 2. That all that tract of country included in the 
Knox. following boundaries, be, and the same is hereby, laid off in- 

to a separate county, which shall be kr.own by the name of 
Knox: beginning at the southeast corner of the fifth town- 
ship of said tenth range; thence west, aloiig the northeru 
boundary line of said county of Licking, to the line between 
the fifteenth and sixteenth ranges aforesaid; thence north, 
to ihe northern boundary of the Military Land aforesaid j 
thence westwardly, along said northern boundary line, to the 
western boundary of the twentieth range of the lands of \h% 
United States, lying north of said Military Lands; thence 
north, on said western boundarv line, to the northwest cor- 
ner of the s*: v«')lv>ertl! townsi^ip v.i said range; thence east, 
nntil it intersects the said north boundary of the MiUtary 



APPEXDIX. 4^Q.O^ 

Jjand; tiicnce castwardl}^ along said nortborn boundary line, 
to t'le ea^t boundary of said tenth range in the Military 
Lands; from tliancc south along said range line to the place 
of beginning. 

^Jcmuan/ 30, 1808— /oo/j effect March 1, 6 v, p, 23. 

Sec. 7. That all that tract of country lying north of the Boundaries of 
aforesaid county of Knox, and south of the Connecticut West- K-ichland 
cm Reserve, and so far east as tlie line between the (iftecnth 
and sixteenth ranges of Congress lands, shall be, and is hereby, 
erected into a separate county, by the name of Richland ; and 
shall be under the jurisdiction of the county of Knox, until 
the legislature may think proper to organize the same. 
Jamiarij 7, 1813 — took effect \st Monday of March ^ 11 r, ^. 21. 

Sec. 1. That the county of Richland, be, and the same is Organized^ 
hereby, organized into a separate county. 

February 10, 1808, 6 v. p, 29. 

Sec. I. That all that part of Frankli:i county included in Boundaries o£ 
the following bounds, be, and the same is hereby, laid off and Delaware, 
erected into a separate and distinct county, by the name of 
Delaware, viz: beginning at the southeast corner of township 
number three, in the sixteenth range of the United States* 
Military District; thence west, with the line between the 
second and third tier of townships, to the Scioto river, and 
continued west, to the east boundary of Champaign county; 
thence, with the said boundary', north, to the Indian boun- 
dary line; thence eastwardly, with said line, to the point 
whircj. thd north and south line between he fifteenth and 
sixteentti ranges of the United States' Military District, in- 
tersects the same; thence south, with the said last mentioned 
line to the place of beginning. 

Sec. 2. That from and after the first day of April next, the Commence 
said county of Delaware, shall be vested with all the privi-meht. 
leges, powers and iTnm.iaities of a separate and distinct county. 
February 17, 1809, 7 v, p. 156. 

Sec. 1. That all tliat part of Franklin county lying north Part of Frank- 
of the county of Delaware, be, and the same is hereby an- lin attached, 
nexed to the county of Delaware. &c. 

February 1 3, 1 808, G r. p. 1 54. 

Sec 1. That the following tract of country, be, and the go^^darics of 
same is hereby erected into a separate county, by the name Stark, 
of Stark, viz: beginning on the southern boundary of the 
Connecticut Reserve, at the northeast corner of township 
number nineteen, in the sixth range; thence running south 
between the fifth and sixth ranges to the southeast corner of 
the fifteenth township of said sixth range; thence with the 
township line v.^est, until it intersects the eastern bouiidary 
line of the United States Military District; thence with the 
said eastern boundary line north, to the northeast corner of the 
tc-^Ah township, in the first range of said Military District; 
thence with the township lines west until itint(jrsects the Indi- 

3Q 



5.00 AITENDIX, 

all boundary line ; thence with said Indian boundary line to Ihf 
northwest corner of fractional township number ten, of the 
tenth range, in the new purchase, south of the Connecticut 
Reserve; thence north with the line running between the 
tenth and eleventh ranges to the northwest corner of town- 
ship number two, of the tenth range; thence east with the 
southern boundary line of the Connecticut Reserve, to the 
place of beginning. 
Commence- Sec. 2. That the said county of Stark, shall, from and 
ment. after the first day of January, one thousand eight hundred 

and nine, be, and the same is hereby declared to be a sepa- 
rate and distinct county, and entitled to all the rights and 
privileges appertaining to the same. 

February 13, 1808, 6 v, p, 155. 
Boundaries of ^^^'' ^' That all that tract of country, lying west of the 
Wayne. tenth range, and east of the sixteenth range in the said new 

purchase, and south of the Connecticut Reserve, and north 
of the United States' Military District, shall be a separate 
and distinct county, by the name of Wayne, but with the 
county of Stark, shall be attached to, and made a part of 
Columbiana county, until the said county of Stark shall be 
organized, ard shall thereafter be, and remain a part of the 
said county of Stark, until otherwise directed by law. 
January 4, 1812 — took effect March 1, 10 x?. p. 17. 
Qriranized. ^^^* ^' That the county of Wayne, be, and the same is 

hereby organized into a separate county. 

February 13, 1808, 6 r. p. 163. 
Sec. 1. That all that part of the county of Muskingum, 
Tu^caSivas^^l'^'^^g within the following boundaries, viz: beginning at the 
northeast corner of the United States Military Lands ; thence 
west with the north boundary of said tract to its intersection 
with the late Indian boundary line ; thence westwardly with 
said line, to the west boundary of the fourth range, in said 
Mihtary Tract; thence south along the west boundary of said 
fourth range to the southwest corner of the township therein; 
thence east between the fourth and fifth townships, in the third, 
second, and first ranges, to the east boundary of the said 
United States Military Tract; thence north with said boun- 
dary to the beginning, shall be erected into a county by the 
name of Tuscarawas. 

Sec 2. That from and after the fifteenth day of March next, 
the said county of Tuscarawas, shall be vested with all the powd- 
ers, privileges and immunities of a separate and distinct county. 
Febraary 11,1 809, 7 r. jo. 1 42. 
Sec 1. That so much of the county of Jcfierson, as lies 
Part of Jeffer- ^^^^^ of the fifth ranee, be, and the same is hereby annexed 
son attached, . p Ix 4. r rr> '' 

^c. to, and made a part ot the county ot 1 uscarawas., 

February 15, \QOS— took effect March 1, 6 i\ p, 164. 
J. Sec 1. That all that part of Montgomery and Butler 
Trcblcr" counties included in the following boundaries, be, and the 



Commence- 
ment. 



Ar FEND IX. *^07 

?cime is hereby, laid oiT and erected into a separate and dis- 
tinct county, Avhich shall be called and known by the name 
o[ Preble, to wit: beginning at the southwest corner of the 
.<?ixth township, first range east of the meridian drawn from 
the mouth of the Great Miami; thence east along said town- 
ship line to the range line between the third and fourth 
rangr^s; thence north to the northeast corner of the seventh 
township, in the third range; thence west along the township 
lines to the state line; thence south to the place of begin- 
ning. 

Sec. 2. Taat from and after the first day of March next, Commenct:" 
said county of Preble, shall be vested wiih all the powers, "^^"** 
privileges and im.muLiities of a separate and distinct county. 
January 3, 1 809, 7 ^^ p. 69. 

vSec. 1. That so much of the county of Miami as lies I5o""^a"cs <?f 
west of the middle of the fourth range of townships, east^^^^*"' 
of the meridixan drawn fro n the mouth of the Great Mi- 
ami, he. and the same is hereby erected into a separate 
rounty, by the name of Dark. 

Sec. 2. That the said county of Dark, be, and remain Attached to 
attached to the county of Miami, until the legislature shall ^^ia'nj- 
think proper to organize the same. 

December 14, 1816 — took effect March 1, 13 v. p, 5. 

Sec. 1. That the county of Dark, be, and the same is Organizede 
hereb}', organized into a separate county.. 

February 7, 1809 7 r. p. 194 

Sec. 1. That [all] that part of the Connecticut Western BoundaricB o'f 
Reserve, called the Fire Lands, beginning at the southwest Huron, 
corner of said Reserve, then north to the north boundary line 
of the United States; th6n easterly along said line, to where 
the east line of the twentieth range would intersect said 
boundary line; then south along the east line of the twenti- 
eth range, to the south line of the said Reserve, which east 
Ihie of the twentieth range, is the east line of the Fire Lands, 
so called ; then west along the south line of said Reserve, to 
the place of beginning, be, and is hereby erected into a 
county, by the name of Huron, to be organized whenever 
the legislature shall hereafter think proper, but to remain Por^are and 
attached to the counties of Portage and Geauga, as already Geauga, 
by law provided, except as herein after provided. 
January 22, 1811, 9 x, p. 28. 

Sec. 2. That the east line of Huron county shall extend Boundaries of 
from the northeast corner of number four, in the twentieth ^"^*^" ^^^^^^'^ 
range, to the southwest corner of number five, in the six- 
teenth range ; thence north to the northwest corner of number 
six, in the sixteenth range; then west to the middle of Black 
river; then down the middle of Black river to Lake Erie. 
January 31, 1815 — took effect April 1, 13 r. />. 113. 

Sec 1. That the county of Huron be, and the same i^Orgam^eei. 
hereby, organized into a separate county. 



50iJ APPENDIX, 

A certain dis- ^^^' '^* That all that part of tlie state of Ohio, lying west- 
trict attached wardlj of Huron county, northwardly of the south lU\e of 
to Huron. the Connecticut Western Reserve extended westwardly, and 
eastwardly of the east line of Champaign county, extended 
due north to the north line of the state, be, and the same is 
hereby, attached to Huron county for judicial purposes, 
January 10, 1810 — took effect March 1, 8 v. p. 41. 
Boundaries of ^^^ ^' That all that part of the counties of Ross, Frank- 
Pickawaj. lin and Fairfteld, witliin the following boundariesbe,ai d the 
same is hereby, erected into a separate county, to be known 
by the name of Pickaway: beginning on the east side of the 
Scioto river, at the intersection of a line between township 
two and three, of range twenty-two, Worthington's survey; 
thence east with the township lines, to the southeast corner- 
of township number eleven, and range twenty; thence north 
with the range line, to the northeast corner of section num- 
ber one, of township eleven, in range twenty; thence west 
wdth the township line to the northv, est corner of said town- 
ship; thence north, with the range line, to the northeast cor- 
ner of section number thirteen, in township ten, of range 
twenty-one, Matthew's survey; thence west to the Scioto 
river; thence west from the Scioto river, twelve miles; 
thence sout'n twenty miles; thence east to the Scioto river; 
thence down said river to the place of beginning!;. 
Commence- Sec. 2. That from and after ti)e first day of March next, 
ment. said county shall be vested with all the privileges and im- 

munities of a separate and distinct county. 

Jaymary 31,181 — took effect March 1 , 8 r. p. Q>5, 
Boundaries of ^^'^' ^' That all that part of the counties of Muskingum 
Guernsey. and Belmont, within the following boundaries be, and the same 
is hereby, erected into a separate county, to be known by 
the name of Guernsey: beginning at the centre of the fourth 
range, on the line between the fourth and fifth tier of town- 
ships, in said range (of the United States' Military Lands;) 
thence east with said line, to the western boundary of the 
seventh range ; thence south, to the southwest corner of the 
cou !^ty of Tuscarwas; thence east, tlirough the centre of the 
eleventh township, of the seventh range (of Congress Lands) 
to the line between the sixth and seventh ranges; thence 
south with said line, to the northern boundary of the county 
of Washington; theiice west with the said boundary through 
the centre of the fifth township, of the seventh range, to 
Ihe western line of said seventh range ; thence north, to 
the centre of the sixth township, of the eighth range; 
thence west with the northern boundary of Washington 
county, to the line between the tenth and eleventh ranges; 
thence north with the said line, to the southern boundary of 
the U sited States' Military Ln^ds;^ thence west with the 
said lii.c, to the southwest corner of tl>e first township in the 
fourth range; tiience north, to the northwest corner of the 



APPENDIX. 



i09 



third township, of the fourth range; theiicc cast, to the cen- 
tre of the fourth range; thence north, to the place of begin- 
ning. 

Sec. 2. That from anil after the first day of March next, Commence^ 
the said county of Oaernsey shall be vested with all the pri-^"^'"^* 
vileges and immunities of a separate and distinct county. 
^aanary 31, 1810 — look effect March 1, 8 v, p, 81. 

Sec. 1. That all those parts of the counties of Muskingum Bonnaarieis oT 
and Tuscarawas, lying in the following boundaries, be, and <^'^>'^''^^to"- 
the same is hereby, erected into a separate county, by the 
name of Coschocton: beginning at the sout!iwest corner of 
the fourth township of the ninth range, (United States Mili- 
tary Lands;) thence east wuth the line between the third and 
fourth tier of townships to the centre of the fourth range: 
thence north through the centre of said range, to the line, 
between the fourth and fifth tier of townships; thence east, 
to t!ie line between the third and fourth ranges; tlience north 
to the line between the sixth and seventh tier of townships; 
thence west with said line, to the line betv/een the fourth 
and fifth ranges; thence north with said line to the Indian 
boundary; thence wrested v with said boundary line, to the 
line between the nintli and tenth ranges; thence south with 
said line, to the place of beginning. 

Sec. 2. That the said county of Coshocton, be, and remain Attached to 
attached to the county of Muskingum, until the legislature Muskingum. 
shall think proper to organize the same. 

January 22, \^\\—toox effect April 1, 9 i). ;?. 32. 

Sec. 1. That the county of Coshocton, be,'and the same Orgarxizcd. 
is hereby, organized into a separate county. 

February 16, \S\0—took effect March A y^ v, p. 248. 

Sec. 1. That all that part of the county of Franldin lying Boundaries <sV 
Tvest of Franklinton, is hereby erected into a separate county, Madi=on. 
and bounded as folio veto, viz: beginning at the southwest 
corner of Delaware county; thence east, witii the south boun- 
dary of the said county line to a point that a line running due 
south will be the distance of twelve and one half miles west of 
the county seat of Franklin county; thence on a straight line, 
to the northwest corner of the county of Pickaway; thence 
with said line south, until it intersects the line of Ross county; 
thence west with said line, to the line of Green county ; thence 
north with the line of Green, to Champaign county line; 
thence with Champaign line, to the place of beginning. 

Sec. 2. That the said county of Madison shall, from and CommcncJ'c- 
after the first day of March next, be, and the same is hereby merit, 
declared to be, a separate and distinct courty, and entitled 
to all the rights and privileges appertaining to the same. 
Janutiry 16, {%\Z— took effect March i, IGr.jo. 75. 

Sec. 1. That all that part of Champnign countv, east ofPartof Cham- 
the eastern boundary of Clnrk countv, he, and the same isP^^.^^^^*^.^^"" 
herebv attached to tlie countv of Madison. < o . ar isp. t 



^510 A^PE^"Dlx.' 

J'anuary 10, 1820— /oo/c cfed April 1, L. L, 1819— 20, ;j. 58. 

^artof Frfink- ^^^* ^' Tiiat SO much of the county of Franklin, as lavs 

]in .ittached within the following boundary, to Avit: beginning on the line 

'to Madison, between the counties of Franklin and Madison, at a point 
two and one half miles south of the north boundary of said 
counties, thence east two miles, thence south four miles^ 
thence west two miles, thence north to the place of begin- 
ning, be attached to and hereafter considered a part of the 
county of Madison. 

January 19, 1810 — took effect March 1, S v, p. 138. 
Sec. 1. That all those parts of Ross and Highland coun- 

Fayette?^^ °^ties, included in the following boundaries, be, and the same 
are hereby, laid off and erected into a separate and distinct 
county, which shall be called and known by the name of 
Fayette, viz: beginning at the southwest coi'ner of the county 
of Pickaway; thence north, with the line of said county, to 
the corner of Madison; thence west with the line of said Ma,- 
dison county, to the line of Green county; thence south witli 
Green county, to the southeast corner thereof; thence east 
live miles; thence south to the hne of Highland county; 
thence cast with said line, to Faint creek; thence a straight 
line to the place of beginning. 

February 19, 1810— too/c effect March 1, 8 z\ p. 236. 
, . ^ Sec. 1. That all those parts of the counties of Warrer? 

Clinton/ 'and Highland, Avithin the foliowmg boundaries, be, and the 
same are hereby, erected into a separate county, to be known 
by the name of Clinton: beginning at the southeast corner of 
of Green county, running east five miles; thence south to 
Highland county line; thence west Vvith said line, withirt 
four miles of the eastern line of Warren county; thence 
southwardly so far as to intersect a line one mile east frcni 
the southeast corner of Warren county ; thence vvest, and 
from the beginning west, so far that a line south will leave 
Warren county a constitutional boundary. 

February 4, 1 8 1 3, 1 1 r. p". 67. 
Sec. 1. That all that part of Highland county, within the 

Id attached fallowing boundaries be, and the same is hereby attached to. 

to Clinton. and shall remain in the county of Clinton, beginning at the 
southeast corner of Clinton county, adjoining Fayette coun- 
ty; thence running =i line on a southwesterly direction to 
strike the line of Clitton eounty, at such point as to include 
four hundred square miles in the said county of Clinton. 
, Sec. 2. That t!ie county surveyor of the county of Ros?.. 

Surveyors ^^^^^^ within thirty days after, being duly notified by the 
commissioners of Clinton county, proceed to survey said 
county of Clinton, and annex thereto, so much of the county 
of Higl'.land as sliall make said county of Clinton contain 
four hundred square miles, agreeably to the provisions of the 
first section of this act; and said surveyor, shall take to his 
assistance, chain-men, and axe-men, who arc not inhabitants 




APPENDIX. ^1 1 

of either of Uie coviiities of Clinton, Warren or Highland, 
and who have no interest therein, who shall he duly sworn 
as the law directs-, and said surveyor shall nriake out two ac- 
curate surveys or plats thereof, one of which he shall 
return to the clerk of the court of comnnon pleas for said 
county of Clinton, who shall record the same in the re- 
cords of the court of said county, and the other he shall 
deposit in the office of the secretary of state, who shall pre- 
serve the same with this act, which survey, when so made 
and recorded, shall he the perpetual boundaries of said 
county of Clinton. 

January 30, 1815— ^oo/c effect March 1, 13 r. p. 109. 

Sec. 2. That eleven square miles of the territory of there^ attached 
county of Warren, lying upon the eastern boundary of the to Clinton, 
countv of Warren, and extending parallel to the said eastern 
boundary of Warren county, along the whole length of such 
eastern boundary from north to south, shall be, and the same 
is hereby, attached to and made a part of the county of Clin- 
ton; and the surveyor of the county of Ross, shall, within 
thirty days after being duly notified by the commissioners of 
Clinton county, proceed to survey and set off to the county 
■of Clinton, the eleven square miles as aforesaid, by run- 
ning a straight line, from north to south, through the county 
of Warren, parallel to the eastern boundary thereof so as to 
include the eleven square miles aforesaid; and said surveyor 
shall take to his assistance chain men and axe men, who are 
not inhabitants of the counties of Clinton or Warren, who 
shall be duly sworn as the law directs; and said surveyor 
shall m.ake out two accurate copies of the field notes of the 
line so run as aforesaid, and deposit one with the clerk of the 
county of Clinton, and the other in the office of the secretary 
of state, who shall preserve the same with this act; and 
thereafter the line so run as aforesaid shall be the western 
boundary line of the county of Clinton. 

vSec. 4. That three square miles and eighteen acres of part of Hi- 
the county of Highland, to be laid off in manner herein after land attache 
prescribed, shall be and the same is hereby attached to the ^'^ ^^^•^*^"- 
county of Clinton: beginning where the line run by the sur- 
veyor of the county of Ross, as described in the foregoing 
section, crosses the east fork of the Little Miami river, and 
extending down the said east fork, until a line due west to 
the line of the county of Clermont, between Clermont and 
Highland counties, will include in the county of Clinton 
three square miles, and eighteen acres of land as aforesaid; 
and the same, shall be surveyed and laid off by the surveyor 
of the county of Ross, in the same manner as is prescribed 
by the second section of the act to attach part of Highland 
county to the county of Clinton, passed the fourth of Febru; 
ary. eighteen hundred and thirteen.. 



^^'^ APPENDIX. 

February 18, 1812, 10 i?. ;;. 122. 
Boundaries of Sec. 2. Tliat all that part of the Connecticut Western 
Medina. Reserve, lying west of the eleventh range, south of the r um- 
bers five and east of the twentieth range, shall be a separate 
and distinct county, by the name of Medina, and until orga- 
nized, shall be attached to and be a part of the county of 
Portage. 

Jaivuanj 14, 1818, 16 i>.;7. 69. 
Organized. Sec. 1. That the county of Medina be, and the sam^e is 

hereby, organized into a separate county. 

January % 1813— fooA; effect January 1, 1814, 11 -cp. 11. 
Boundaries of Sec. 1. That all that part of the counties of Jefferson and 
Harrison. Tuscarawas, included within the following limits, to wit: 
beginning at the point on the range line, between the third 
and fourth ranges of tov/nships in the Steubenville district, 
where the north line of the coanty of Belmont crosses the 
same; thence north, on the range line to the centre of town- 
ship number eleven in the fourth range; thence west through 
the centre of said township until it intersects the range line 
between the fourth and fifth ranges; thence north to the 
south boundary line of Columbiana county; thence v,^est with 
the southern boundary line of Columbiana and Stark coun- 
ties to the centre of township number fourteen in the sixth 
range; thence south through the fourteenth and thirteenth 
townships to the south boundary line of the thirteenth town- 
ship, in the sixth range; thence west with said township line 
to the line between the sixth and seventh ranges; thence 
south with said range line to the line between the twelfth 
and thirteenth townships of the seventh range; thence west 
to the west boundary line of the seventh range ; thence south 
with said range line to the northern boundary line of Guern- 
sey and Belmont counties; thence east with said county line 
to the place of beginning, shall be a separate and distinct 
county by the name of the county of Harrison. 
January 29, 1813, 11 v. p. 57. 
Eoundarios of Sec. 1. That SO much of the counties of Belmont, Wash- 
dMoinoc. ington and Guernse}-, as comes within the following bounda- 

ries, viz: beginning at the Ohio river, in Belmont county, on 
the tovv^nship line, between the third and fourth townships in 
the third range; thence running west along the township line 
to the line running between the seventh and eighth ranges, 
in the county of Guernsey; thence running south with said 
range line to tlie line lunning between the fourth and fifth 
townships in the said seventh range; thence east with said 
township line to the Ohio river; thence up the said river, by 
and with the meanders thereof the place of beginning, be, 
and is hereby, erected into a county, by the name of Monroe, 
to be organized whenever the legislature shall hereafter 
think proper; but to remain attached to the said counties of 



APPENmx. .^iG 

Bt'lir.ont, Wasliingion and Guernsey, as already by law pPO" 
vided, until the said county of Monroe shall be organized. 
Febmon/ 3, \S\5—took effect March I ^ 1 3 i). jo. 128. 

Sec. 1. That fractional township number one, in the p^rt of Wash^ 
fourth range, 'in the county of Washington, be, and the sanae ington attach- 
is hereby, attached to and made part of the county of Monroe. ^^ ^^ Monroeo 

Sec. 2. That the said county of Monroe, be, and the same ^ . , 
iS hereby, organized into a separate county, "* • 

December 24, 1819, L. /.. 1819—20,;?. 4. 

Sec. 1. That so much of the county of Morgan as is con- Part of Mo*- 
tained in the sixth and seventh townships, of range eight, s^^ attached 
be and the same is hereby attached to the county of Monroe. ^^ onroe. 
Januarij 4, 1815 — took effect February 1, lo v» p, 52. 

Sec. 1. That all that part of tlie counties of Scioto, Ross BpundaWes <5: 
and Adams, included within the following limits, to wit: be-^^^ *^ 
ginning at the township line on the Scioto river, between 
township three and four, in the twenty-second range, and 
running with the same east to the corner between section 
thirty- four and thirty-ilve, in the fifth township, twentieth 
range ; thence with the section lines north to Ross county 
line; thence with the same east to the range line between 
range nineteen and tw^enty; thence north with the range 
line, nine miles into Ross county: thence west to Highland 
county line; thence with Highland county line to the north **' 

line of Adams county; thence with Adams county line to the 
highlands between the waters of Scioto Brush creek and 
Sunfish; thence southeastwardly with said highlands so far 
that an east line will strike the beginning, shall be a sepa- 
rate and distinct county by the name of the county of Pike. 
December 21", 1815, 14 v, p, 22. 

Sec. 1. That so much of the counties of Scioto and Gallia, Boundaries of 
as comes within the following boundaries, viz: beginning on ^^^^^'^^^^^ 
the Ohio river, at the southeast corner of township num- 
ber two, in range fifteen; thence west to the southwest 
corner of said township; thence north to the northeast corner 
of township three, range sixteen; thence west to the north* 
west corner of said township; thence north to the northeast 
corner of township five, in range seventeen; thence west to 
the range line between the seventeenth and eighteenth 
ranges; thence north to the northeast corner of township four^ 
range eighteen; thence w^est to the northeast corner of sec- 
tion five, in said township; thence south to the northeast cor- 
ner of section number twenty-nine, in said township; thence 
west to the northwest corner of section twenty-seven, in 
township four, range nineteen; thence south to the southwest 
corner of section thirty-four, in township three; thence west 
to the northwest corner of section three, in township two, in 
said range; thence south to the French Grant line; thence 
southeastwardly to the east corner of said Grant; thence 
Bijuthwestwardiy to the corner between fractional sectiona 

3R 



514 



AlTENlDI!-: 



Oi^anized. 



Township at- 
tached. 



Part of Gallia 
attached to 
Lawrence. 



Boundaries of 
Jackson. 



rartofRosS 
attached to 
Jackson. 



number three and four, in township one; thence south to the 
Ohio river; thence with the meanders up the river, to the 
place of beginning, be, and . is hereby, erected into a sepa- 
rate county, by the nam.e of Lawrence, to be organized when- 
ever the legislature shall hereafter think proper, but to remain 
attached to the said counties of Scioto and Gallia, as already 
by law provided, until the said county of Lawrence shall be 
organized. 

December 20, ISlG—fook effect March 1, \b v, p, 6.. 

Sec. 1. That the county of Lawrence be, and the same is 
hereby, organized into a separate county. 

Sec 4. That such part of fractional township number 
one, in the nineteenth range, as lies above the French Grant 
in the county of Scioto, be, and the same is hereby, annexed 
to the county of Lawren-ce. 

December 22, 1 8 1 8, 1 7 v. p, 3. 

Sec. L That so much of the county of Gallia, that is con-^ 
tained in the second fractional township, in range fifteen, 
be, and the same is hereby, attached to the county of Law- 
rence. 
• January ^ 12, 1816— foo/^ effect March 1, 14 r.p. 112. 

Sec. 1. That all that part of the counties of Scioto, Gallia, 
Athens and Ross, included within the following limits, to wit: 
beginning at the northv/est corner of township, number ten,, 
range number seventeen, and running thence east, to the 
northeast corner of said township; thence south to the south 
east corner of township number eight in said range ; thence 
west to the southvrest corner of section number thirtv-five, 
in said township; thence south to the southeast corner of sec- 
tion number thirty-four, in tov/nship number seven, in said 
range ; thence w^est to the southwest corner of said township : 
thence south to the southeast corner of township number 
five, in range number eighteen; thence west to the southw^est 
corner of section number thirty-three, in township number 
five, in range numbe nineteen; thence north to the north- 
west corner of section number fourin said township; thence 
west to the southeast corner of Pike county; thence with 
Pike county line to the northeast corner of said county ; thence 
north to the northwest corner of township number eight, in 
range number nineteen; thence east to the range line be- 
tween the seventeenth and eighteenth ranges; thence north 
with the same to the place of beginning, shall be a separate 
imd distinct county by the name of Jackson. 

January 3, \^\^— took effect March \, 16 v. jo. 62. 

Sec. 6. That all that part of the county of Ross, which is 
comprised wqthin township number nine, in range number 
eighteen, and township number nine, in range number nine- 
teen, of the United States land, be, and the same is hereby 
attached to, and made a part of the county of Jackson. 



AITEXDIX. 515 

December 26, 1 8 1 7— took effect March 1 , 1 6 t;. p. 26. 

Sec. 1. That so much of the counties of Washington, Boundaries o# 
Muskingum and Faiilield as comes within the following boun- Perry^ 
daries, be, and the same is hereby erected into a separate 
county, which shall be known by the name of Perry, to, wit: 
beginning on the line between the counties of Licking and 
Fairiield at the northwest corner of the eighteenth township 
in the seventeenth range ; thence south with the said range 
line to the southwest corner of the said township eighteen; 
thence east lour sections to the northwest corner of section 
number two, township seventeen, and range seventeen; 
thence south with said section line to the south line of town- 
ship seventeen; thence with the township lino east, to the 
southeast corner of said township ; thence south on the line 
between the sixteenth and seventeenth ranges to the south- 
west corner of section nineteen in township fourteen range 
sixteen; thence east to the southeast corner of section tv/en- 
ty-four in the same township fourteen; thence south to the 
soutlieast corner of the same township; thence east to the 
southeast corner of township twelve in range fourteen ; thence 
north on the line between the thirteenth and fourteenth 
ranges to the northeast corner of township thirteen, in the 
fourteenth range; thence west along the south boundary of 
Muskingum county, to the southwest corner of section thirty- 
four, in township fourteen, range fourteen; thence north to the 
northwest corner of section three in said township and range; 
thence west to the southwest corner of section thirty-five, in 
township seventeen, range fifteen ; thence north to the north- . 
cast corner of section three, in same township; thence west 
along the said township lines to the place of beginning. 
December 26, \U1— took effect March 1, 16 i;.;?. 33. 

Sec. 1. That so much of the counties of Champaign, Boundaries 6f 
Madison and Green as comes within the following bo unda- Clark, 
ries, be, and the same is hereby erected into a separate 
county, which shall be known by the name- of Clark, to wit: 
beginning on the line between the counties of Miami and 
Champaign, on the north boundary of the fifth tier of sec- 
tions in the tenth range between section* thirty-five and thir- 
ty-six, thence east with the sectional line between the fifth 
and sixth tier of sections in said range, to the line between 
the United States land and the Virginia Military land, thence 
eastwordly to the line of Madison county; thence southward- 
ly with the line of Madison county to a point on said line 
six miles north of the southeast corner of Champaign coun- 
ty; thence diagonally so as to intersect the south line of 
Ciiampaign county two miles west of the southeast corner of 
said county; thence west with the line of Champaign county 
one mile; thence south five and a half miles into Madison 
county; thence west to the line of Green county; thence to 
•:^ontinue west five miles in said county of Green ; thence nortl; 



516 APPENDIX. 

dne half mile -, thence west to the line between township four 
andlive in the eighth range; thence north with said town- 
ship hne to the hne between sections three and four; thence 
west with said sectional line to the line of the third township; 
thence north wdtli said line to the sectional line between the 
fourth and fifth tier of sections in said range; thence west- 
wardly with said Mlc to the east line of Montgomery county;. 
thence north to the southwest corner of Champaign County; 
thence north with the line between the counties of Miami 
and Champaign to the place of beginning. . 

December '21^ Ull—took effect -March 1, 16 r. jd. 29. 
Boundaries of Sec. 1. That so much of the counties of Adams andCler- 
Bro-^v^, mont as comes within the following boundaries, be, and the 

same is hereby erectedTinto a separate and distinct county^ 
which shall be knowT. by the name of Brown, to wit: begin- 
niiig at a point eight miles due w^est from the courthouse in 
the town of West-Union, in the county of Adams; thence- 
running due north to Highland county line; thence west 
with Highland county hne to Clermont county line; thence 
north wdth Clermont county line to Chnton county line; 
thence west with Clinton county hne so far that a line run- 
jiing south wilt strike the Ohio river two miles above the 
mouth of Builskin creek; thence up the Ohio river and with 
the same so far that a line running due north will intersect 
the point of beginning. • ' 

December 29, 1817, 16 !).;>. 42. 
Boundaries of Sec. • . That so much of the coui>ties of Guernsey, Wash- 
Morgaii. ington snd Muskingum, as is included m the following boun- 
daries, be, and the same is hereby, ejected into a separate 
county, which shall be known by the name of Morgan, to wit ; 
beginning at the southwest corner of township eight, range 
thirteen ; thence east to the eastern bank of the Muskingum 
river; thence dow^n said river vfith the meanders thereof to 
a point where it will first intersect the north boundary of the 
donation tract ; thence east with the said northern boundary 
line to the southeast corner of township five, range nine; 
thence north, to the northeast corner of said township; thence 
east to the western boundary line of Monroe county, to the 
southeast corner of township six, range eight; thence north to 
the northeast corner of township seven, range eight; thence 
west to the line of Muskingum county; thence south to the 
southwest corner of township eight, range ten"; thence west 
to the centre of township fourteen, range fourteen; thence 
south to the south line of said township fourteen, range 
fourteen; thence east to the southeast corner of said tow^n- 
ship; thence south to the place of beginning; to be organized 
whenever t!.e legislature shall hereafter think proper; but to 
remain attached to the said counties of Guernsey, Washing- 
ton and Muskin<;um, as already by law provided, uatil the 
eaid county of Morgan shall be organized. 



APPENDIX* M/! 

December 28, 1818— ^oo/c effect March 1, 17 v. p. 7. 

Sec. 1. That the county of Morgan be, and the same is Organized, 
hereby organized into a separate county. 

December 30, 1 8.1 7— /oo/c effect March 1 , 1 6 r. ;?. 53. 

Sec. 1. That so much of the county of Champaign as lies Boundaries df» 
north of the line beghming on the east line of Miami county, Logan, 
between sections number thirty-three and thirty-four, in the 
third township, thirteenth range, and running east twelve 
miles with the sectional line between the third and fourth 
tier of sections; thence south one mile; thence with the sec- 
tional line between the second and third tier of sections 
in said range, to the line between the United States 
land and the Virginia Military land; and thence east to 
the line of Champaign county'; thence north wdth said line to 
the Indian boundary line ; thence west to a point so that a 
line drawn from said point due south, will strike the Indian 
boundary line at the point where the line betvveen the coun- 
ties of Miami and Champaign strikes said line; thence south 
with said line between the counties of Miami and Champaign 
to the place of beginning: and also, including the United 
States' Reservation at the Rapids of the Miami of the Lake-, 
which shall be known by the name of Logan: Provided^ That 
the jurisdiction of the said county of Logan shall extend over 
all that territory lying north of said county, and all crimes that 
shall be committed within the territory aforesaid, shall be 
considered as having been committed within the said county 
of Logan. 

January 3, 1818— /qoA: effect March 1, 16 v, p, 60. 

Sec. 1. That all those parts of the counties of Ross, Athens Boundaries o-f 
and Fairfield, as are comprised in the following bounds, to Hocking, 
wit: beginning at the northeast corner of section twenty -five, 
township fourteen, and range sixteen; thence south, to the 
southeast corner of the thirteenth township, in the same 
range; thence west three sections to the southwest cor- 
ner of section thirteen, in the same township and range; 
thence south to the southeast corner of section nineteen, 
township eleven, and range' sixteen; thence west to the 
southwest corner of section thirty-one, township twelve and 
range seventeen; thence south, to the southeast corner of 
section thirty-six in township ten, range eighteen; thence 
west to the southwest corner of section thirty-one, in town- 
ship ten, range nineteen; thence north, to the northwest 
corner of section thirty, in township twelve, and range nine- 
teen; thence east to the southeast corner of section twenty- 
four in said township and range; thenee north to the north- 
west corner of section eighteen, in township thirteen, and 
range eighteen : thence east, to the soutlieast corner of sec- 
tion twelve, same township and ranjc; thence north, to the 
northwest corner ©f section eighteen, township fifteen, range 
fi^Yciiteen: thence east to the northeast corner of section thir-- 



teen, in same township and range ; thence south, two sections 
to the southeast corner of the twenty-fourth section in the 
same range; thence east to the place of beginning; be, and 
the same is hereby erected into a separate, and distinct county 
- by the name of the county of Hocking. 

January 7, 1819 — took effect April 1, 17 d. j?. 21. 
Boundaries of Sec. 1. That so much of the county of Miami as lie^ 
Shelby. north of the line beginning on the line dividing Miami and 

Dark counties, between sections twenty-seven and thirty-four^ 
in township ten, range four, and runnujg east, with said line to 
the Great Miami river; thence across said river; thence down 
said river to the middle of the twelfth rang,e, township one, east 
of the Miami river, to the section line between sections twen- 
ty-one and twenty-two ; tll^nce east With said line to Champaign 
county line; thence north with said hne dividing the counties of 
Miami, Champaign and Logan, to the Indian boundary line; 
thence north six miles ; thence west to a point so that a line, 
drawn from said point due south will strike- the Indian boun- 
dary line, at the point where the line between the counties 
of Miami and Dark strikes said line; thence south with 
said line between the counties of Dark and Miami to the 
place of beginning; and also including the United States 
Reservations at forts St. Mary's, Amanda and Defiance, 
Proviso :j.u- which shall be known by the name of Shelby: Provided^ 
risdiction. That the jurisdiction of the said county of Shelby shall ex- 
tend over all that territory, lying north of said county and 
v/hich, at this time, is included within the jurisdiction of the 
county of Miami ; and all crimes that shall be committed with- 
in the territory aforesaid, shall be considered as having been 
committed within the said county of Shelb}^ 

. January 21, 1819 — took effect April \^ 17 r. p. 40 
Boundaries of Sec. 1. That SO much of the counties of Gallia and 
Meigs. Athens, as is included in the following boundaries, be, 

and the same is hereby erected into a separate county, which 
shall be known by the name of Meigs, to wit: beginning on 
the bank of the Ohio river, on the sectional line between the 
thirteenth and fourteenth ranges ; thence north to the south- 
east corner of section number six, of township five, of range 
fourteen; thence west, to the southwest corner of section 
number thirty-six, of township seven, of range fifteen; thence 
north on township line, to the northwest corner of section 
number thirty-six, of township nine, of range fifteen; thence 
east to the Ohio river; thence down the river with the mean- 
ders thereof to the place of beginning; be, and the same is 
hereby erected into a separate county by the name of Meigs. 
January 10, 1820— /oo/c effect April 1, L. L. 1819— 20, ;j. 56. 
Boundaries of Sec. 1 . That so much of the counties of Delaware, Frank- 
Umon. lin^ Madison and Logan, and also so much of the territory 

within the limits of this state, laying north of the old Indian 
boundary line, as comes within the following boundaries, bo* 



»anci the same is hereby erected into a separate an^ distinct 
county, which shall be known by the name of the county of 
Union, to wit: beginning on tlie north boundary line of Dela- 
ware county, on that part known by the name of the old 
Indian or Greenville line, at a point tliree miles west of the 
Scioto river; thence due south fifteen miles; thence east four 
miles ; thence south unto the north boundary of Franklin coun- 
ty ; thence south two and one-half miles into Franklin county ; 
thence west to the east boundary of Madison county and to 
continue west unto the east boundary of Champaign county; 
the'rjce north, to the northeast corner of said county; thence 
west three miles; thence north so far that a due east line 
will strike a point three miles north of the beginning ; thence 
south to the said place of beginning. 

Sec. 8. That so much ol the . territory laying north of Atractofland 
the county of Logan as is contained within 'the following ^*^^^j^^^^ **^ 
boundaries, to wit: beginning at the northeast corner of '' 
Logan county; thence running north five miles; thence west 
to a point, from which a south line will strike the northwest 
corner of said county; thence south to said corner; thence 
east with the line to the beginning; shall be, and it is hereby 
attached to the county of Logan, and shall hereafter form a 
part of said county. 
February 12, 1820— ?oo»t effect April 1, Z. L. 1 819—20,^9. 90. 

Sec. 1. That all that part of the lands lately ceded by Boundaries <?& 
the Indians to the United States, which lies within this state, Vanwert. 
shall be, and the same is hereby, erected into fourteen sepa- 
rate and distinct counties, to be bounded and named as follows, 
viz^ First, to include townships one, two and three south, in 
the first, second, third and fourth ranges, and to be known 
by the name of Vanwert. 

Second, to include ail of said ranges south of said town- ]V[erce^. 
ship, to the northern boundaries of the counties heretofore 
organized, and to be known by the name of Mercer. 

Third, to include townships one and two south, and one Putrwim. 
and two north, in the fith, sixth, seventh and eighth ranges, 
and to be known by the name of Putnam. 

Fourth, to include all of the last named ranges, south of Allen, 
the said second townships, to the northern boundaries of the 
organized counties, and to be known by the name of Allen. 

Fifth, to include townships one and two south, and one Hancock, 
and two north, in the ninth, tenth, eleventh and twelfth 
ranges, and to be known by name of Hancock. 

Sixth, to include all the last mentioned ranges, south of said Hardin, 
second township, and running south with the range lines to 
the northern boundaries of the organized counties, and to be 
known by the name of Hardin. 

Seventh, to include townships one, two and three, south, Crawfont. 
-in ranges thirteen, fourteen, fifteen, sixteen and seventeen, 
and all that may lie between the same and the west line 



5^0 



APPtND'lX; 



Marion. 

Sieneca« 

Sandusky. 

Wood. 

."Henry i 

Paulding. 
Williams. 



Counties at- 
tached. 



Wood and 
Sandusky or- 
ganized. 

Boundaries of 
Xopain. 



of Ricbl*dnd county, and tt) be known by the nanae of Craw 
ford. ^ 

Eighth, to include all of the last mentioned ranges, soutL 
of said third townships, and to run south with said range 
lines, to the northern boundaries of the organized counties, 
and east with th^ township lines to Richland county line, 
and to be known by the name of Marion* 

Ninth, to include townships one, two and three norths in 
ranges thirteen, fourteen, fifteen, sixteen and seventeen, and 
to be known by the name of Seneca. 

Tenth, to include all of the last mentioned ranges north 
of said third townships, to the northern boundary of the 
state, and to be knoHn by the name of Sandusky. 

Eleventh, to include all of ranges nine, ten, eleven and 
twelve north, of the second townships north, in said ranges, 
and to run north with the same to the state lincj and to be 
known by the name of Wood. 

Twelfth, to include all of ranges five, six, seven and eight 
north, of the second township north, in said ranges, and to 
run north with the same to the state line as aforesaid, and to 
be known by the name of Henry. 

Thirteenth, to include townships one, two and three north> 
in the first, second, third and fourth ranges, and to be. known 
by the name of Paulding. 

Fourteenth, to include all of the first," second, third and 
fourth ranges north of the third townships north in saixl 
ranges, and to run north with the. same to the state line, and 
to be known by the name of Williams. 

Sec. 2. That the counties of Crawford and Marion shall 
be attached to the county of Delaware; the coimty of Har- 
din shall be .attached to the county of Logan; the county of 
Allen shall be attached to the county of Shelby; the coun- 
ties of Vanwert and Mercer, shall be attached to the county 
of Dark; the counties of Hancock, Henry, Putnam, Pauld- 
ing and Williams, shall be attached to the county of Wood^ 
and the county of Seneca, shall be attached to the county of 
Sandusky, until otherwise directed by law. 

Sec 3. That the aforesaid counties of Wood and Sandus- 
ky shall be organized as separate counties. 

December 26, 1822, L. L. 1822—3, p. 5. 

Sec. 1. That all that part of the county of Huron, east 
of the twentieth range, also all that part of the county of 
Cuyahoga west of the fifteenth range, witb township number 
five, and the west half of township numbei* six, in the fifteenth 
range, and the following townships ai}d territory from the 
county of Medina, to wit: township number four, in the 
seventeenth range, townships number three and four, in the 
eighteenth range, and all that part of the nineteenth range, 
north of a line running from the soutliwest corner of town- 
ship number three in the eighteenth range, due west to the* 



APPEXDlX. '^21 

twentieth range, be, and the same is hereby, erected into a 
separate and distinct county, by the name of Lorain, to be 
organized whenever the Legislature shall hereafter think 
proper, but to remain attached to the said counties of Huron, 
Cuyahoga and Medina, as now provided by law, until said 
county of Lorain shall be organized. 
Jannnry 21, 1824— too/j effect April 1, L, L, 1823—4, p. 12. 

Sec. 1. That the county of Lorain shall be, and the same Organized, 
hereby is, organized. 
December 15, 1 823— ^oo^ effect Mcnj 1, L, L. 1823— 4, p. 48. 

Sec. 1. That the county of Marion be, and the same is Organized and 
hereby, organized into a separate and distinct county, and ^^awford at- 
that the county of Crawford shall be, and is hereby, attached 
to the county of Marion for judicial purposes. 

Januarij 2, 1824, L. L, 1823—4, p. 49. 
Sec, 1. .That the cminty of Mercer be organized into a or<ranized, 
separate county, and that the county of Vanwert be attach- 
ed thereto for judicial purposes, until otherwise directed by 
jaw. 

Januanj 20, 1824, L, L. 1823—4, p. 50. 
Sec. 1. That such parts of the counties of Coshocton, Tus-„ , .. -, 
carawas and Wayne, as lies within the boundaries herein setfjoi^es. 
forth, be, and the same is hereby, erected into a separate 
county, by the name of Holmes; beginning on the old lu- 
dian boundary line, where the east boundary of Wayne 
county intersects the same: thence north with the line of 
Wayne county, to the northeast corner of section twenty-five, of 
township fifteen,in range eleven: thence west with the section- 
al lines to the west boundary of Wayne county; thence south 
to the aforesaid old Indian boundary line; thence with said 
Indian boundary line to the northeast corner of Knox county; 
thence south with the east line of Knox county, to the line 
between the seventh and eighth tovrnships; thence east witjh 
the line between the seventh and eighth tier of townships, to 
the southeast corner of section twenty-four, of township eight, 
in range four; thence north to the aforesaid old Indian boun- 
dary line; thence with said Indian boundary line to the place 
of beginning. 

January 4, 1325, 23 i\ p, 21. 
Sec. 1. That the county of Holmes be, and the same isoro-anized, 
hereby, organized. 

January 22, 1324— too/c effect April 1, L, h. p, 49. 
. Sec. 1. That the county of Seneca be, and the same isorganizedb 
hereby, organized into a separate and distinct county. 
February 17, 1824, L. L. 1823—4, p. 88. 
Sec 1. That so much of the county of Crawford as liesp . ^^ 
noTth of the Wyandot Reservation, includmg one tier of ford attached 
townships lying east and west, be, and the same is hereby, from to Scn«ca. 
and after th« passage of this act, attached to the county of 

3S 



52%' APPENDIX.' 

Seneca tor judicial purposes, until the county of Crawford 
shall be ot-ganized. 

February 2, 1G24, L. L, 1G23— 4,jt). l9. 
drgauizedand Sec. 1 That the county of Williams siiall be organized, 
(^onniitini' and the counties of Henry, Putnam and Paulding shall be 
^^ ^ • attached thereto for judicial purposes. 

JaiiuaryoO^ 1807, bv,p, 105. 

Boundaries Sec. 1. That the following alteration of the boundary 

between line between the counties of Athens and Gallia, shall take 

^^Ht^^^h^^ place, viz: beginning at the northwest corner of section 

pd, " number twenty-four, in township number three, of range 

number twelve; thence south on the sectional line of number 

twenty-four, to the southwest corner of said section; thence 

east with the sectional lines betvYeen the fifth and sixth tier 

of sections, to the Ohio river. 

Jajiuary 20, 1808, 6 u.p. 10. 

Eoundariesal- Sec. 1. That the following boundary is hereby established 

tered between between the counties of Hamilton and Butler, to wit: bc- 

ButTer*^'^ ^^^ ginning at the southwest corner o^ the county of Warren, 

and at the northeast corner of section number seven, in the 

third township of the second entire range of townships in the 

Miami Purchase; thence Westwardiy along the line of said 

tier of sections to the Great Miam/i river; thence down the 

Miami river to the point where the line of the next original 

sui-veyed township strikes the same; thence along the said 

line to the western boundary of the state. 

January 30., 1815 — took effect March 1, 13 r. p. 110. 

Boundaries ^EC. 3. That the line run by the surveyor of Ross county, 

between Clin- from the southeast corner of Clinton county, adjoining Fay- 

ton and High- g^^^ <^<^^^^J^ ^^ the southeastern corner of Clinton county, ad- 

^an cs^a is "JQJjjg Highland county, on the sixth day of April, eighteen 

hundred and thirteen, pursuant to the act to attach part of 

Highland county to the county of Clinton, be and the same is 

hereby, declared the boundary of Clinton county, and the 

line between Clinton and Highland county, from the begin= 

ning of said line until it crosses the east fork of the Little 

Miami river. 

January 25,1819, \1 v. p, Q>\, 

Linesbetwc€n ^^^<^' ^' That the line between the counties of Green and 

Clark and Clark, SO far as said line shall run through said county of 

v'vf ^j" ^^*^^' Green, shall be run in the following manner, to wit: from 

^^ ^ * the Green county line, where it first strikes said county line ; 

thence to continue west five miles, in said county of Green j 

thence north one^half mile ; thence such a course west as 

will strike the line between the townships four and five, on 

the north side of the Little Miami river, in the eisjhth range; 

thence north with said township line, to the line between 

sections three and four; thence west with said sectional line 

to the line of the third township; thence north with said line 

to the sectional line between the fourth and fifth tier of sec-^ 



APPENDIX. 523 

tions, in Gnid range; tncnce wcsterwardly with said line to 
the east boundary line of Montgomery county. 

Sec. 2. That so much of the act, entitled "'An act to erect Partof origin- 
the county of Clark," as is contrary to the provisions of this ^'^ ^ct repeal- 
act, be, and the same is hereby, repealed, 

February 5, 1819, 17 r. p. 130. 

Sec. 1. That the line between the counties of Adams and lines to be 
Brown, as is called for in the first section of the act to erect ^^t*^*^^^^"^^"^ 
the county of Brown, shall be run north and south, from the BroAvn by\he 
beginning thereof by the present point of the needle, with- point of tUe 
out allowin^^ any variation of the compass thereon; and the°^^^-^^' 
surveyors aforesaid shall govern themselves accordinglv. 
/(7???^r/n/ 29, 182., I9r.j9. 73. 

Sec 1. That the line formerly run by Solomon M*Cul-E. boundary 
ioch, as the eastern boundary line of Champaign county, be, ^^ ^'''J}'"P^%^ 
and the same is hereby, declared the eastern boundary of "^^ ^ ^^^^'* 
said county. 

Sec. 2. That so much of said line as lies north of a point, E. boundary 
six miles north of the southeast corner of the county of Cham- "f Clark es- 
paign, be, and the same i? hereby, declared the eastern boun- ^^^bshed. 
dary of the county of Clark. 

Sec. 3. That the line between the counties of Madison Lines between 
and Union shall be run parallel with the line formerly run ^^!^^^^" /^^^ 
as the dividing line between the counties of Madison and ]js"e^(l, ^^ '^ ' 
Franklim and the county of Delaware. 

Demnber 21, 1822, L. X. 1822—3, p, 4. 

Sec. 1. That th^ line formerly run by Solomon M'Culloch,Linesbetweeii 
between the coujflties of Champain and Madison, as continu- and Union" 
ed by John Rliodes, between the counties of Champaign established 
and Union, to'the northeast corner of Champaign county, be, 
and the sanle is hereby, declared to be the eastern boundary 
of Champaign county. 

January 8", 1824— L. L. 1823—4,;;. 7. 

Sec. 1. That the line between the county of Logan andLingg^jg^^^gj, 
the county of Union, shall begin at a point three miles west Logan and 
of the northeast corner of Champaign county; thence north V"^°" estab- 
by a line which shall be run parallel with the eastern boun- *^ 
dary of Champaign county; and the county surveyors of the 
counties of Logan and Union shall be governed according to 
ihe provisions of this act. 

February 4, 1825, 23 r. jo. 12. 

Sec. 1. That William Wilson, of Clark county, is hereby j.inc between 
appointed to run, survey and mark carefully a line between Madison and 
said counties, to commence at the southeast corner of the y^^-"". *° ^^ 
county of Union, and run from thence a due west course to^"^"^^^ ' 
the eastern boundary of Champaign county, and said sur- 
veyor shall make out duplicates of such survey with the 
plats and notes thereof, one of which he shall leave v/ith 
the commissioners of each county, which commissioners are 
required to keep the same carefully on hie in their respec- 



Ij24 appendix. 

ti've offices, and from which they shall make out an aiicurate 
abstract, and deliver such abstract to the recorder of their 
county, who is required to record the same, which line so 
surveyed platted and returned, shall be, and remain the es- 
tablished line between the counties of Union and Madison*^ 



INDEX. 



ACADEMY, a township reserved for, in Syrames' Purchase 3i 

A township guaranteed for, by compact 15^ 

ACKNOWLEDGMENT OF DEEDS, ordinance of 1787 252 

By laws and statutes 301-309 

ADAMS county proclaimed 495 

Part of Hamilton attached to 496 

Line declared 523 

ADMINISTRATORS may sell real estate 381-462 

May complete real contracts 390 

Agents for heirs, &c. 265 

Aliens may hold lands in this state 470 

Allen county 519 

Ashtabula county 504 

ASSIjGNMENT of U. S. Military Warrants C 

Of Refugee claims 68 

Of plats and certificates 113 

ATHENS county 501 

Part of Washington attached to 501 

Boundaries altered 522 

Attachment on lands 280 

B 

Banks of streams, not navigable, common to both owners 39 

Beasly N. appointed agent for J. Beasly's heirs 271 

Belmont county proclaimed 497 

Baron Steuben, grant of land to 116 

Blanchard A. lands of, may be sold 274 

Boardman, proprietors of, may alter, &c. pla< 449 

Boundaries of the state of Ohio 261 

BOUNTIES United States Military ' 3 

Warrants to issue for 5 

Virginia Military 111 

Proportions to officers and soldiers 115 

Legal representatives entitled to 116 

Of Connecticut, to Sufferers by fire 82 

To Refugees 69 

To the French inhabitants of • Gallipolis 143 

BROWN county 516 

Line established 523 

Burnet William, trustees of, may convey lands 265 

BUTLEPt, county 498 

Boundaries altered 522 

c 

CERTIFICATE for land purchased 44 

And plat may be assigned 113 

CESSION from Connecticut to- the U . States 77 

From Virginia to the U. States 125 

CHAMPAIGN county 501 

Boundary established 523 

Chancery, decrees in, how lands affected by 296 

Charters, ancient of Virginia 128 

nhillicothe. trustees of, raav alter records 449 



526 indKx/ 

Claimants, occupying, relieved ^^ 

Clark James I. confirmed in certain claims 267 

CLARK county 515 

Boundaries established ^^^ 

Lines declared ^23 

Cleaveland, plat of, may in part be vacated 455 

Clermont county proclaimed ^^^ 

CLINTON county 510 

Parts of other counties attached io 510 

Boundaries established 522 

Collet John may convey to Blair -'*^ 

Columbiana county ^^^ 

Common law and statute^ to James I; in force ^22 

Constitution, people of N. W. territory may form 261 

CONTRACTS made to defraud creditors, void ^^23 

Made upon gaming consideration, void ^24 

Real, how enforced »^"^ 

CONVEYANCES made to defraud, void 323 

For gaming consideration, void "24 

How made under ordinance of '87 252 

How executed in this state 301 

From Connecticut to the U. States 80 

For land on Lake Erie, how recorded 101 

From Virginia to the United States 127 

May b'e sealed with ink or wax, &c'. 396 

Coschocton county 509 

Crawford county 519 

CUYAHOGA county 503 

Huron attached to 503 

Boundaries altered i>03 

D 

Dark county 507 

Dayton, proprietors of, may change plan of 448 

DECREES, in chancery effect of, upon lands 296 

In divorce, may operate upon husband's land 299 

DEEDS from Connecticut to the United States BO 

From Virginia to the United States ^27 

For lands on Lake Erie, how recorded 10^ 

How to be executed by ordinance of 1787 2^2 

How to be executed, &c. in this state 201 

Required to pass land 2^"^ 

May be sealed with wafer, wax or ink 296 

How made for lands sold for taxes (see Tax) 404 

Made to defraud, void ^23 

Made on gaming consideration, void 324 

DELAWARE county 505 

Part of Franklin attached to 505 

DESCENTS regulated by ordinance of 1787 252 

By statutes 310 

DISTRICTS, land, four established 40 

Zanesville established 48 

One between the U. S- Military and W. Reserve 53 

Of Piqua and Delaware established 58 

DONATIONS, 100,000 acres to settlers in O C's. Purchase 21 

To officers, &c. of the Continental army 3 

To Refugees ^6 

To the French inhabitants of Gallipolis 143 

To A. H. Dorhman J^6 

To Isaac Zanc J47 

To EbenezerZane |47 

To Ohio, foi* a road 153 

To the United Brethren '3 

Dorhman Arnold Henry, grant of land to J47 

DOWER, under ordinance of 1787 xfi 

By statutes '^^^ 



IKDEX. 



327 



E 

Eaton, trustees of, may sell lots 
Elizabethtown, proprietors of, may alter or vacate 
Ensworth's heirs, agent appointed for 
Entailment not permitted 
ENTRIES, for purchase of lands, how made 
Errors in, may be corrected 
Errors in, how rectified 
Escheat, lands may 

Estates Insolvent, may be sold to pay debts 
EVIDENCE, copies of records of Fire Land Co. made 

Copies of field notes in Symmes' Purchase made 
How perpetuated 
EXECUTION OF DEEDS, ordinance of 1787 

By laws and statutes 
Of real contracts by executors, &c. 
Execution? and iudginents 
EXECUTORS, "fcc. may sell real estate . 
May complete contracts 

F 

Fairfield county proclaimed, 

Fayette county organized 

FEES to be paid by purchasers of public land 

Registers' to be paid, by purchaser 

For patents 

Not to be charged to purchaser after July 1 , 180^ 

Surveyors' of Virginia Military lands 

Plats may be detained for 
Field notes of Symmes' Purchase, acts to preserve 
FIRE LANDS donation of, by Connecticut 

Proprietors of, incorporated by ditto* 
by Ohio 
FRANKLIN county organized 

Part of Licking attached to 
Frauds and perjuries, an act to prevent 
French Grant 

Q • 

GALLIA county organized 

Boundaries altered 
GEAUGA county 

Part of W, Reserve attached to 
GOSPEL, lands for support of, by resolution and comp{i.ct 

A corporation erected to manage, in Washington co.. 
May be let 

May be leased for 99 years 

Towoahips, having 20 electors, may appoint officers, &Cv 
Townships, original incorporated, may manage 
May be leased in fractional townships, in O. C'g. P. 
May be leased in Gallia county 
Revaluation taken off 3 T. 2 R. Symmes' Purchase 
Part of Sec. 29, 5T. 2 R. Symmes' Purchase, leased 
GREEN county 

Boundaries established 
GUARDIANS appointed and may sell wards' land 
May be appointed to drunkards, &c. 
Power of, over their wards' estates 
Guernsey county 

H 

Hamtrarack'fi administrators may sell land^ 
■HAMILTON county proclaimed 

Boundaries altered 

Boundaries altereji 



453 
461 
269 
319 
44 
58 
61 
464 
478 
109 
319 
474 
252 
301 
389 
326 
381 
389 



496 

510 

42 

46 

47 

50 

12S 

12^ 

319 

82 

101 

lOG 

499 

50p 

323 

14tS 



522 
502 
502 
154 
161 
173 
176 
178 
178 
195 
197 
216 
216 



381 

380 
466 
508 



269 
494 
495 



S28 INDEX^ 

Hancock couni^' ^W 

Hardin county 519 

Harrison county 512 

HEIRS vested with estates lost at gaming 325 

Who shall be (See Descents) 252-310 

Henry county 520 

HIGHLAND county 500 

Boundaries established 522 

HIGHWAYS, navigable streams declared public 7 

Navigable rivers declared public 39 

Sandusky river declared a public 56 

Navigable vsraters of the Mississippi and S^t. Lawrence 256 

Hocking county 5 1 7 

Holmes county 521 

Houses, lots, &;c. taxed and may be sold for taxes 438 

HURON county 507 

Boundaries altea-ed 507 

I 

INCORPORATIONS, Fire Land Company, by Connecticut ' 101 

by Ohio 106 

Persons to manage Sec. 29, in Washington co. 167 

Original surveyed townships 178 

Original surveyed townships 200 

INHERITANCE, rules of, under ordinance of 1787 252 

Rules of, under laws and statutes 310 

Insolvent estates may be sold to pay debts 478 

J 

JACKSON county 514 

Part of Ross attached to 514 

Jefferson county proclaimed 495 

Judgments and executions 327 

K 

Kerr Drusilla, to receive a conveyance 471 

Kinsley John, may have a conveyance for a lo^ 455 

Knox county 5O4 

L 

LAND, given by resolution to officers, &c. of the United ^'(atds li 

Boundaries of the United States Military Tract 6 

To be granted in quarter townships 7 

Time given to locate j 1 

Sold Ohio Company 21 

Sold John C. Symiiies 39 

Given to the United Brethren 73 

Western Reserve of Connecticut 77 

Sufferers' gj 

Virginia Military • HI 

Granted to the French inhabitants of GaMipolis 14:) 

Granted to Refugees qq 

Given 1. and E. Zane 147 

Granted to A. H. Dorhman 146 

Given to Ohio, for a road 153 

Granted to Ohio, by contract, Salt Springs 149 

Sales of public 35 

How surveyed 35 

When offered for sale 37 

Condition of sale of 42 

JMay be purchased in sections, half or quarter sections 48 

Pi-nles for the subdivision of 51 

Sale of lot on which fort Washington stood 52 

R,eservcd sections offcjed for sale 53 



i^DRX. 



52>) 



How surveyed in the district attached to Canton 
Subdivision and sale of, in half quarter sections 
Term of payment for, extended 
For the sti{)port of the Gospel and Schools 
School, for the United States Military Tract 
For the Western Reserve 
For the Virj^inia Military Tract 
One thirty-sixth part of all in Ohio 
For the Refugee Tract 
For the reservation afSandusky 
How leased 
Granted for an University 
Granted for an Academy 
Of Ohio University, how leased 
Of Miami University, how leased 
How to descend 
Dower in 
May pass by will 
May escheat 

r>Iay be sold by executors, ic. to pay deL.ia 
Partition of, may be had 
Xot to be entailed 

1 low affected by decrees, in Chancery 
The effect of decrees in divorce, upon 
Attachment of 
Agents to selJ, for heirs, &c. 
How liable to judgments and executions 
Occupying claimants of, relieved 
1 iost by gaming, passes to heir 
Deeds for, how executed 
Not to pass without deed 
Taxed and may be sold for taxes 
\\'lien sold for taxes, how redeemed 
TloAv sold on mortgage 
Contracts for, how carried into effect 
Guardians may sell 
Aliens may hold 

Testimony respecting, how perpetuated 
V ;XD OFFICES, four established 

One established at Zauesville 
A general one established 
One for lands between the U. States) 
Military Tract and W. Reserve ^ 
At Piqua and Delaware 
LAND PHE-EMPTIONS; granted to purchasers of Symmes 
Erection of mills gives right to 
Granted for seats of justice, to Ohio 
Granted generally Jbr seats of justice 
LAWS, may be adopted by Governor and Judges 

Adopted by Governor and Judges, repealed 
LAWRENCE county 

Part of Gallia attached to 
Lee Henry, invested with lands of Arthur Fox 
Levies county, tax upon houses and lots 
Licking county 
LINES, how run and marked in U. S. Military Tract 

Of the Virginia Military Tract, declared 133- 

Actually run, to be considered boundaries U. S. M, 

How run in tlxe division of townships 

Where to begin, in the Ohio C's. Purchase 

How run in Symmes' Purchase 

Of the public'lands, hoAV run 

Of townships, W. of the Muskingum 

Of section?, whgn subdivided 

5T 



59 

63 

154 

155 

155 

159 

l5t> 

160 

161 

161 

17 

'JO 

219 

239 

252-^10 

252-21- 

95f>.457 

" " 464 

478 

360 

319 

296 

299 

280 

265 

327 

358 

325 

252-301 

323 

397 

420-437 

352 

389 

381-466 

470 

474 

40 

48 

54 

53 

58 

34 

47 

150 

62 

253 

473 

513 

514 

472 

438 

504 

6 

137-140 

a 

15 
33 
35 
40 
48 



530 Ix^DEX. 

LINES 

Parallel, to be run llirongh townships 51 

Boundary, to be held final 5^ 

Exterior, at Lower Sandusky, to be run 66 

Of the reservation at ti.e Foot of the Rapids 67 

How ran in the division of quarter sections 58 

LOCATIONS, of U. S. Military Warrants 6 

May be made in name of heirs 1 1 

Time given to make . ' 21 

Of V. Military Warrants to be precisely made 321 

Time given to complete 134 

When to be made by Refugees 69 

LOGAN co-hnty 517 

Lines established 52J 

Lorain county 520 

Lots in the United States Military Tract 10 

Ludlow's line considered the true boundary of the V. M, 140 

M 

MADISON county 509 

Part of Champaign attached to 509 

Part of Franklin attached to 510 

Lines declared 523 

MARION county 520 

Crawford attached to 521 

Medina county 512 

Meigs coJinly 518 

Mercer county 519 

MIAMI county 502 

Part cf Montgomery attached to 503 

Miami University, acts reUiting to 239 

MONROE county 512 

Parts of o-ther counties attached to 513 

Montgomery county 493 

Moore David, and others, released from contract 217 

Morgan cou'aty 516 

Mortgages, remedy on 352 

Mo'^ely Abner, Vv ells appointed agent for heirs of 278 

Bluskin^um county 500 

N 

NAVIGABLE STREAMS, in U. S. M. Tract, declared jublic highways 7 

Rivers, in the public lands 39 
Waters of the Mississippi and St. Lawrence 25ti 
Streams not, banks common to both ov.'ners 39 

NORTHWESTERN TERRITORY, ordinance to govern 2:2 

May form a constitution 2GI 

Notes field, of Symmes' Purchase, acts to preserve 319 

o 

Occupying Claimants, acts for the relief of 358 

OFFICES LAND, four estaWlshed 40 

One establislied at Zancsville 48 

One between U. S. Military and W. Reserve 53 

Established at Piqua and Delaware 58 

A general one established 54 

Officers of Virginia mav choose surveyor, &;c. 119 

OHIO COMPANY^S RURCHASE 15 

Lands for the support of the Gospel 17 

Boundaries of 20 

Ohio, state of, boundaries 261 

Obio University, acts relating to 219 

Olvusled's devisees relieved 275 

ORDINANCE for the government of the N. W. Territory 252 

Declaring assent of T. legislature to alteration of 258 

Virginia assents to modifrcation of 258 

Convention accepts 259 

Orphan's court, powers over estates 375 



INDE\. 



P 

PARTITION of lands 

Heirs may have 
PATENT, far Ohio Company's Purcliaso 
To John Cloves S3-mrnes 
To issue on iinal certificate 
To the U. States, from Connecticut 
Paulding county 

Payment, for public l.and, extended, etc. 
Perry county 
Pickaway county 
Pike county 

PLATS, on V. Military AVurrants, assignable 
M;iy be detained for fees 
Of towns, recording, vacating 
Porta'^e county 

Port-mouth, proprietors of, may alter plat 
Preble county 

PRE-EMPTIONS, granted purchasers of Symmes 
Allowed for saw or grist mills 
Granted for seats of justice 
Granted for seats of justice to Ohio 
Putnam county 

R 



360 

463 

21 

30 

44 

80 

520 

Gt$ 

515 

508 

513 

113 

122 

445 

503 

448 

506 

34 

47 

62 

150 

519 



36 

389 

301 

101 

109 

420-437 

66 

68-71 

160 



Ranges, seven to be offered for sale 
Real contract?, how carried into effect 
RECORD OF DEEDS, laws and acts respecting 
For lands on Lake Eric 
Of Sufferer's land, where to be kept 
Redemnlion of land sold for taxes 
PiEFUGEES, pro\ision for, in lands 

Claims of, not to be assigned until grant 

School lands selected for 

REPEAL of laws of the Gov. and J's. and T. Legislature 473 

Of an act, shall not revive a former 474 

RESERVATIONS— see Treaties 477 

Of certain sections 35 

Of quarter townships in U. S. M. Tract 10 

Of fifteen acres including fort Washington 31 

Resolution warrants, patents may issue on 132 

Richland county 505 

ROADS, three per cent, for, by contract 150 

One to be laid out from Miami to W. Reserve. 151 

Land granted to Ohio for 153 

Navigable streams declared public 7-39-256 

Roberts' line established 140 

Ross county proclaimed 496 

S 

SALES OF PUBLIC LANDS 35 

Conditonsof 38 

Where to be made 37-40-48-53-58 

SALT SPRINGS, reserved . 36 

Granted to Ohio, by contract 149 

Ohio authorized to sell 150-151 

Sandusky county 520 

Sandusky river, declared a public highway 56 

i:CHOOL LAND, reserved by resolutions of Congress 154 

Guaranteed by contract 155 

For the U. S. Military Tract 155 

For the Western Reserve 155 

l-36th part of all lands in Ohio 156 

For the V. Military Tract 157 

Designated for the V. M. Tract 159 

For the Refugee Tract 160 



^32 I.^EX. 

SCHOOL LAND 

Selected for the L. Rapids of Sandusky 
A corporation erected to manage 
iToY the V. M. Tract, may be leased 
Section 16, bow leased 
Leased in Behnont county 

in Washington and Gallia 
in Champaign 
in Washington 
in Athens 
in Montgomery 
Trustees of T. 1,P»,. 2, may lease 
Town of Marietta may lease 
May be leased in O. C's. Purchase 
Leased in Gallia county 
Trustees of townships may lease 
For V. M. Tract, how leased 
For the U. S Military Tract in Muskingum 
Sec. 16, T. 4, R. 2, Symmes' Purchase 
Sfokes and others relieved from lease of 
Moore and others relieved from lease of 
Baptist chureh confirmed in lease of 
SCIOTO coimty 

Part of Gallia attached to 
Part of Lawrence attached to 
Seals of wax, ink, &c. to deeds and wills, good 
SECTIONS, reserved 

Reserved, offered for sale 
Rules for ascertaining contents of 
How subdivided 
SENECA county 

Crawford attached to 
Sheeby Daniel, part of his lands may be sold 
Shelby county 

Statutes of England in force to James L 
^^taunton, proprietors of, may alter plat, &c. 
Stark county 

Steuben Baron, lands granted to, by Va. 
STREAMS, in the U. S. M. Tract, declared highways 
In the public lands, declared highways 
Emptying into the Mississippi and St. Lawrence 
Not navigable, banks common to both owners 
SUFFERERS by fire, release to, by Connecticut 
Incorporated by Connecticut 
By Ohio 
SURVEYS, how made in U. S. Military Tract 
Corners of townships declared 
Of quarter townships, final 
Of public lands 

How to be made of lands not in Symmes' Patent 
Of the subdivision of townships \ 
In the district attached to Canton 
Of public lands, mode may be altered 
Of Refugee Lands 
Of lands granted by Virginia 
On Virginia Military Warrants 
Of the lands of the United Brethren 
Of the French Grant 
Rules for ascertaining contents of sections 
3UP»-VEY0R, general, to be appointed 

To be appointed by officers of Va. 

SYMMES' PURCHASE, boundaries, &c. 

Lands for the support of the Gospel, in 



INDE^X> 



^3.1 



TAX ON LAND 397 

For the year 1806 434 

For county purposes, on houses, &c. 438 

TERRITORY NORTHWESTERN, ordinance to govern 252 

E. diA'isioa of, may form a constitution 261 

Testimony, how perpetuated • 474 

TOWN laid out by U. States, at Lower Sandusky 55 

• One laid out by the U. States, at Foot of the Rapids 56 

TOWN PLATS, recording, vacating, &c. 445 

Court of Comon Pleas may vacate 452 

TO;^NSHIPS, contents of, in the U. S. Military Tract 6 

Lines as run, established ' 8 

How divided 9 

West of Muskingum, to be subdivided 40 

Original surveyed, may take i)ossession of ) ,«o oon 

Sec. 16 and 29 S ^^^'^^ 

Two given for a Universit}- 17 

One given for an Academ^-^ 30 

Treaties with Indian nations * 477 

Trimble James, agents appointed for heirs of 267 

Trumbull county proclaimed 496 

TUSCARAWAS county 506 

Part of JelTerson attached to 506 

Town of, in part vacated 452 

u 

UNION county 

Lines established 
UNITED STATES MILITARY TRACT 

School Lands for 
United Brethren, donation of lands to 
UNIVERSITY, two townships given for, in O. C's. Purcjiase 

Of Ohio, acts relating to 

Of Miami, acts relating to 

V 

Vanwert county 

VIRGINIA MILITARY BOUNTIES 

School lands for 

w 

WARRANTS, for military services, in United States 
May bo located in quarter townships 
Time given to locate 
For Virginia Military Bounties, how obtained 

Assignable 
Lost or withdrawn, may be re-entered 
Lost, patents may issue, how 

Issued by resolutions of Va. patent may be obtained for 
Time given to locate 
WARREN county 

Part of Butler attached to 
WASHINGTON county proclaimed 

Part of Athens attached to 
Washington Fort, lot sold 
"WAYNE county proclaimed 
Boundaries altered 
Organised 
WESTERN RESERVE OF CONNECTICUT 



West-Union, trustees of, may sell lots 
WIDOW, entitled to dower 

May inherit, in certain cases 
WILLS, how executed under ordinance of '87 

How e-secutod under laws and statutes 



School Lands for 



518 

523 

6 

155 

73 

17 

219 

239 



519 
111 
157 



5 
9 
14 
112 
113 
133 
133 
135 
134 
498 
499 
494 
501 
52 
494 
495 
506 
77 
155 
450 
313 
464 
252 
457 



»34 yfDEsr, 

Wilson William, court may appoint agent for heirs of 273 

Williams county 520 

Wilson Geor;;e and another appointed agents for J. Wilson's heirs. 272 

Women, abandoned by their husbands, relieved 475 

Wood county " 520 

7. ■ . 

Zane J. ami E. lands g-rantcd tn 147 



4 4 



■f« 



:t 



nV -^^ ^.% 



0- jP' 



) "'- 



^0^ 



%: 









O •'/ , " 


^ 


^^ '^ 


. "^ • 




cP 






#^ .^ -^ 







t/> 
% <; 



^^ 



^■^ r'^3# 






fsr.v 



%^' 






., ^t^^^w^^ ^^■ 



:/.. -^ >■' M V 




.^^^-^.Z- ''- 



A>" '^. 






■'^ ^ <^ 



'^^ %^- 









<^^ 



> » V 1 » 



*^ ' 



.0 o. 






%^^' 






^^y_. v^' 



